Training & Knowledge: Professional Discipline

30th Nov 2018Newsletters

Mental Health and “Exceptional Circumstances”

In SRA v James and others [2018] EWHC 3058 (Admin), the Divisional Court considered three appeals brought by the SRA against the SDT’s decisions not to strike off dishonest solicitors. In each case the tribunal had concluded there were “exceptional circumstances” justifying such a course, based at least in part on mental health issues. On […]

29th Nov 2018Newsletters

Intentionally Misleading but not Dishonest

Raychaudhuri v GMC and PSA [2018] EWCA Civ 2027 The law often finds itself dabbling in moral grey areas, and being asked to come up with black and white answers. Prominent among those difficult areas is the concept of honesty or, more pertinently, dishonesty. In this case the Court of Appeal found itself having to […]

14th Jun 2018Newsletters

The Duty to Report Foreign Misconduct Findings

In February the Court of Appeal handed down its judgment in the case of Lee v General Medical Council [2018] EWCA Civ 99. Susan Lee was a registered medical practitioner in Singapore and the United Kingdom. Proceedings were brought against her in Singapore for charging excessive fees. In July 2012 she was found guilty of […]

14th Jun 2018Newsletters

Without Notice, Without Merit: how far would you go for your client?

Introduction On 26th April 2018, the Administrative Court handed down judgment in Vay Sui Ip v Solicitors Regulation Authority [2018] EWHC 957 (Admin).  The Administrative Court refused Mr Ip’s appeal against the SRA’s orders for strike off and costs (£10,000) for, essentially, ‘gaming the system’ in immigration proceedings, and for making ‘totally without merit’ applications. […]

14th Jun 2018Newsletters

Dr G Arunachalam v GMC [2018] EWHC 758 (Admin): Can a Doctor Escape Erasure for Repeated Sexual Misconduct?

Dr Arunachalam appealed against his erasure by a Medical Practitioners’ Tribunal for sexually motivated misconduct against two colleagues. One, Dr A, was pestered by over-familiar messages from the Registrant which she ascribed to a deluded belief on his part that there was more than a professional relationship between them. She initially tried to deal with […]

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