DBS v RI [2024] EWCA Civ 95 Inclusion on the barred list(s) may be appealed to the Upper Tribunal if there has been a mistake of law or fact. But just what constitutes a mistake of fact has proved a thorny problem. In particular, to what extent may the Upper Tribunal simply disagree with the […]
Kihembo v DBS [2023] EWCA Civ 1547 Why would they lie? We are all familiar with the oft-repeated refrain of prosecuting counsel – all too often adopted by the tribunal in question. In effect, it would seem it is for the registrant to provide a motive for a false allegation, or an explanation for a […]
Many healthcare providers will be all too aware of how difficult it can be to obtain an interim injunction against the CQC. Hexpress Healthcare will present few surprises in this regard. However, two points of interest emerge. The court reconsiders the CQC’s procedure for considering factual accuracy comments (“FAC”) from a provider prior to publication. […]
If it looks like a duck, and it quacks like a duck, then the coroner has demonstrated apparent bias. As the court touched on in Morahan, Article 2 and legal aid have a somewhat uncomfortable relationship. The need to secure funding encourages protracted and disproportionate struggles to demonstrate Article 2 is engaged. More unusually, in […]
Dr K was arrested for rape in November 2019. He self-referred to the GMC and in due course was suspended by an Interim Order Tribunal (“IOT”) on a public interest basis alone. This was extended by the Court of Session for six months. Dr K was then acquitted and the IOT substituted his suspension order […]
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