Insight
High Court considers correct approach to the “rejected defence” issue
10/06/22
In Sawati v General Medical Council [2022] EWHC 283 (Admin), the High Court considered how to approach the situation where an individual’s defence has been discounted by a tribunal, and how that might be relevant to impairment and sanction.
Insight
Duty of candour when applying to the Court to extend an interim order
10/06/22
In General Medical Council v Webberley [2021] EWHC 3620 (Admin), the Court was asked to consider an application to extend an interim order. Dr Webberley contested the GMC’s application. In this insight, Jackie Carson explores the decision in more detail.
Insight
Court of Appeal dismisses appeal by the General Osteopathic Council, but provides welcome commentary on the handling of conditional discharges
24/03/22
Jo Howard explores some of the key points to be drawn from the Court of Appeal’s decision in respect of the handling of conditional discharges in disciplinary proceedings.
Insight
High Court holds Interim Orders Tribunal failed to apply correct test in freedom of expression case
22/03/22
The High Court has overturned a decision of the IOT of the GMC to impose conditions on the registration of a doctor prohibiting him from using social media to share his views on Covid-19. We explain the judgment and its potential effects for regulators.
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.