Training & Knowledge: Professional Discipline

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 […]

19th Feb 2019Articles

Do I Have to Disclose Historic Convictions?

In the matter of an application by Gallagher for Judicial Review (Northern Ireland); R (on the application of P, G and W) (Respondents) v Secretary of State for the Home Department and another (Appellants) R (on the application of P) (Appellant) v Secretary of State for the Home Department and others (Respondents) [2019] UKSC 3 […]

19th Feb 2019Articles

Judging by Appearances

Introduction Mr Maitland-Hudson faced allegations of high level dishonesty. Following a long and drawn out hearing in which he repeatedly invited the Tribunal to discontinue proceedings on the basis of his poor health the allegations were found proved and he was struck off the roll. His appeal turned entirely on this question of health. The […]

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 […]