Training & Knowledge: March 2016

18th Mar 2016Newsletters

R (on the application of Sheila Adam) v the General Medical Council [2015] EWHC 3378: separating the ‘managerial’ from the ‘clinical’

A distinction must be drawn between a doctor’s management, as opposed to clinical, decisions When can the GMC reasonably refuse to investigate a complaint? And how strict is the distinction between managerial and clinical decisions when it comes to questions of professional misconduct?  The recent decision in R(on the application of Sheila Adam) v the […]

18th Mar 2016Newsletters

A New Approach to Expert Evidence?

The Supreme Court has reviewed the law on expert evidence in Kennedy v Cordia (Services) LLP [2016] UKSC 6. In particular it analysed when an expert can give factual evidence, rather than simply providing an opinion. A bout of icy weather in Central Scotland in 2010 has resulted in the Supreme Court reviewing the law […]

18th Mar 2016Newsletters

PSA v GMC and Igwilo [2016] EWHC 524 (Admin)

The PSA’s latest case is a helpful reminder that dishonesty covers a broad range of conduct. A panel or tribunal must analyse the nature of the conduct in question with care in order to determine the issue of impairment and, if appropriate, sanction. The facts Dr Igwilo applied to join the Specialist Register of Forensic […]

18th Mar 2016Newsletters

O v NMC [2015] EWHC 2949

The issue of a registrant’s suitability to remain on the register cannot be decided without proper consideration of their mitigation, however serious the misconduct. Facts Mrs O practised as a nurse in the UK from 2010, following her immigration from Nigeria with her family. Mrs O and her husband beat their children as a form […]

18th Mar 2016Newsletters

Changes to Dental Regulation: what does the future hold?

A review of dental over-regulation seems to herald a new system of self-regulation which will impose additional burdens on the practitioner Introduction Currently dentists and dental practices are regulated by three main bodies. The General Dental Council has jurisdiction over fitness to practise issues, the Care Quality Commission has oversight of the safety and quality […]