Insight
Failure to allege that doctor should have known of patient’s vulnerability was a serious procedural irregularity
07/12/23
The High Court has ruled that the Medical Practitioners Tribunal’s decision to suspend a doctor for six months for sexual misconduct was “fundamentally flawed” due to a failure to consider the evidence of the vulnerability of the patient complainant.
Insight
High Court overturns decision to erase student optician because of risk of bias
19/10/23
In Suleman v General Optical Council [2023] EWHC 2110 (Admin), the High Court re-visited the issue of bias and the appearance of bias.
Insight
‘Nothing more than chewing gum on his shoe’: Golden v Nursing and Midwifery Council [2023] EWHC 619 (Admin)
01/06/23
Registered professionals have an obligation to engage with their regulator. This case highlights the importance of constructive engagement and the risks a professional runs where they fail to do so.
Insight
Admissibility of Hearsay Evidence in Regulatory Proceedings: Mansaray v Nursing and Midwifery Council [2023] EWHC 730 (Admin)
01/06/23
The admissibility of hearsay evidence in regulatory proceedings has attracted a large amount of judicial consideration since Nursing and Midwifery Council v Ogbonna [2010] EWCA Civ 1216.
Insight
British Transport Police successfully overturn decision to allow police officer to keep his job
03/05/23
In this insight, we give an overview of the events of Chief Constable of the British Transport Police) v Police Misconduct Panel and others [2023] EWHC 589 (Admin).
Insight
Family Court Disclosure to Regulators
03/05/23
In this insight, we explain the judgment of Re Z (Disclosure to Social Work England) [2023] EWHC 447 (Fam) and its potential effects on future requests for disclosure from the family courts for professional regulators.
In the News
Covert Recordings in Regulatory Proceedings
26/04/23
Our experts examine the use and admissibility of covert recordings in regulatory proceedings.
Insight
New guidance for trauma-informed practice
07/12/22
The Office for Health Improvement and Disparities has released guidance which provides a definition of trauma-informed practice. It features key principles of trauma-informed practice and how it can be built into services and systems.
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.