Training & Knowledge: Grace Forbes

2nd Nov 2020Newsletters

R v Broughton Clarifying Causation in Gross Negligence Manslaughter

SUMMARY In 2017 a 24-year-old woman, Louella Fletcher Michie, died at the Bestival Music Festival, having taken 2-CP, a Class A drug, supplied by her boyfriend, the appellant. The Prosecution’s case was that having supplied the drug and remained with her, the appellant owed Louella a duty of care to secure medical assistance as her […]

19th Feb 2020Newsletters

What is a rare and exceptional circumstance?

Gupta v GMC, [2020] EWHC 38 (Admin) In a judgment handed down last month the High Court maintained its steadfast approach to appeal time limits. The message that emerged from the ruling was clear: absent something truly exceptional, a late appeal will mean no appeal at all. Dr. Gupta had been erased from the medical register […]

8th Oct 2019Newsletters

Investigatory Powers in Private Prosecutions: Hurdles and Opportunities

The tension: Greater profile, no greater powers Private prosecutions are on the up, both in terms of volume and profile. This is in part thanks to high profile private prosecutions, such as the headline-grabbing but ill-fated prosecution of Boris Johnson. It is also the consequence of the cuts that have worn away at the CPS, […]

27th Feb 2019Articles

EL KAROUT and NMC, [2019] EWHC 28 (Admin)

The Critical Distinction Between Weight and Admissibility of Hearsay Evidence In a recent judgment, the High Court firmly denounced the practice of ushering through hearsay evidence in regulatory proceedings under the premise of scrutinising it later by reference to weight. The Background The Nursing and Midwifery Council (‘the NMC’) had brought a number of charges […]

27th Feb 2018Newsletters

Racial Discrimination by a Regulator: O’Connor v Bar Standards Board, 2017

The question of racial discrimination by a regulatory body was indirectly brought before the Supreme Court in O’Connor v Bar Standards Board, 2017 UKSC 78. The context The Bar Standard Board (‘BSB’) Complaints Committee had brought six professional misconduct charges against the appellant barrister, Ms. O’Connor. On appeal it was found that none of the […]