26th May 2021Newsletters
Chief Constable Nottinghamshire Police v Police Appeals Tribunal ((Police Sergeant Jonathan Flint Interested Party) [2021] EWHC 1248 (Admin) Introduction On 12 May the Administrative Court handed down judgment in The Chief Constable of Nottinghamshire Police v Police Appeals Tribunal. As I had done below at the Police Appeals Tribunal (“PAT”), and throughout the original police […]
26th May 2021Newsletters
In Haydar Al Nageim v GMC [2021] EWHC 877 (Admin) the High Court visited, for the fourth time in under a year, what the effect should be on sanction if a registrant denies the facts of the charges and is disbelieved. It seems that the position may now have stabilised, and that the debate in […]
26th May 2021Newsletters
Last year in Dutta v GMC [2020] EWHC 1974 (Admin), Warby J found the Tribunal’s reasoning contained at least three fundamental errors. First, the Tribunal had approached the resolution of the central factual dispute by starting with an assessment of the credibility of a witness’s uncorroborated evidence about events ten years earlier, and only then […]
26th May 2021Newsletters
What – if anything – is the difference between an appeal brought by the GMC under s. 40A of the Medical Act 1983, and those brought by doctors under s. 40)? Of course, the simple answer is that appeals under s. 40A are by way of review, and appeals under s. 40 by way of […]
26th May 2021Newsletters
Cases involving a criminal conviction are superficially straightforward, but the process of admitting the fact of the conviction and skipping blithely on to misconduct/impairment can result in uncertainty as to the factual matrix. In Achina v General Pharmaceutical Council [2021] EWHC 415 (Admin), Lane J considered a case where the registrant had been convicted of […]