Insight
High Court holds that committee’s reasoning on impairment was flawed
25/11/21
The High Court allowed an appeal by the Authority challenging the findings of the GOC’s committee regarding the registrant’s fitness to practise and sanction. Learn about key lessons, including giving a clear explanation why conclusions have been reached.
Insight
High Court allows GMC appeal against high-profile MPT decision in ‘liver branding’ case, with important commentary on the nature of insight
24/11/21
This case highlights the need for regulatory tribunals to consider carefully the applicable sanctions guidance, and to ensure that any departure from that guidance is properly explained. Sophie Keenan explores the judgment in more detail.
Insight
Medication Practitioners Tribunal decision quashed due to insufficient reasons
23/11/21
The Court quashed the decision of the MPT, finding that it had not sufficiently explained its reasons for rejecting Dr Mokhammad’s evidence. Regulators and panels may find this case interesting when dealing with cases based on competing witness evidence.
Insight
Court of Appeal provides guidance for cases where sexual motivation is alleged
18/10/21
The Court of Appeal upheld the High Court decision which quashed the Medical Practitioners Tribunal’s (MPT) determination that the conduct of the doctor in question was not sexually motivated. Hannah Pilkington explores the two judgments in more detail.
Insight
General Medical Council successfully appeals against suspension on basis that it was insufficient to protect the public
18/10/21
The Court held that a doctor’s personal dishonesty in knowingly practising in breach of conditions was not, however reprehensible, the primary mischief. Rather, the risk to the public lay in the deliberate regulatory breach.
Insight
Professional Standards Authority successful in appeal involving antisemitic remarks
18/10/21
The Court held that a committee had been wrong to take into account a registrant’s intention in speaking words when the allegation did not refer to the registrant’s intention. Yasmin Khaira looks at the case in more detail.
Insight
Court of Appeal clarifies correct approach to appeals by medical practitioners
18/10/21
The Court of Appeal clarified the different tests to be adopted by the court on an appeal by a medical practitioner and on an appeal by the GMC. Read more in our insight.
Insight
Employment Tribunal (ET) upholds doctor’s race discrimination claim against the General Medical Council (GMC)
05/07/21
In Karim v GMC, the Reading ET has found that the GMC discriminated against Dr Karim on the grounds of his race. We explore the ET’s decision and the key takeaways from this landmark case, in our insight below.
Lessons learnt from the ICO’s data protection fine against British Airways
19/10/20
The Information Commissioner’s Office (ICO) has published its monetary penalty notice against British Airways (BA), in a sum of £20 million. We summarise the incident, the key points of the notice and what to take away.
Regulatory Newsletter - August 2020
10/08/20
Read the August 2020 edition of our newsletter, which reviews recent cases and examines key decisions from the last few months relevant to professional regulators.
Reminder that only in exceptional circumstances will time for appeal be extended
07/08/20
In Gupta v General Medical Council [2020] EWHC 38 (Admin), the Court struck out a doctor’s appeal on the basis that it had been brought out of time.
Decision not to put relevant Court of Appeal judgment before panel was wrong
07/08/20
The Court has held that it had been wrong for the General Medical Council (GMC) and registrant to agree to exclude a relevant Court of Appeal judgment from the bundle put before a panel on the question of sanction.