The Support Team Go To Digital UK Ltd Whilst the recent (23 December) judgment of Onwude v Dyer [2020] EWHC 3577 (QB) relates to the publication of an article on a professional regulatory decision, as opposed to the decision by a professional regulatory body, it is nonetheless an interesting read! The claim was brought by the doctor concerned, who had prior to this … Read more
Another interesting pre-Xmas judgment from the Administrative Court in the form of Wray v General Osteopathic Council [2020] EWHC 3409 (QB). This recent decision (15 December) highlights the risks to regulators in a case where the underlying conduct has previously resulted in criminal proceedings and a conditional discharge. (As is well known, such matters cannot … Read more
Whilst the recent (30 November) decision in Social Work England v Micu [2020] EWHC 3283 (Admin) is not overly critical of the applicant, the message within this short judgment is clear. While the Court extended the interim order, albeit for a shorter period than had been sought, it also underscored that it was the role … Read more
The flurry of interesting cases from the Administrative Court continues with yesterday’s judgment in the case of GMC v Haris [2020] EWHC 2518 (Admin) – an appeal by the GMC under section 40A of the Medical Act 1983. Foster J concluded that the tribunal was wrong in determining that there had been no sexual motivation … Read more
Whilst the recent decision in Kefala v GMC [2020] EWHC 2480 (Admin) provides a useful reminder as to the level of detail required within a panel decision (paragraph 16), it also questions the threshold for regulatory intervention (paragraph 125).Whilst the factual conclusions (including those relating to dishonesty) were upheld, the Court had ‘difficulty understanding’ the … Read more
The case of Simawi v General Medical Council [2020] EWHC 2168 (Admin) summarizes the approach to be taken by the courts when considering an appeal and clarifies the relationship between a suspension order and the power of a Committee to request a review prior to the suspension order lapsing. A copy of the judgment can … Read more
The recent judgment (22 July 2020) in R (on the application of Dutta) v General Medical Council [2020] EWHC 1974 (Admin) provides a helpful reminder of the correct approach to be adopted when assessing evidence including witness testimony. The decision also underscores the benefit to professionals under investigation in engaging legal representation at the earliest … Read more
The recent case of GPhC v Kellett and Gamble [2020] 6 WLUK relates to applications to extend interim orders – is this a warning to regulators? The regulator’s application to extend an interim order was refused as within the context of this case, continuation of the interim suspension order could no longer be considered proportionate … Read more
We have another interesting professional regulatory judgment from the Administrative Court in the form of GMC v Awan [2020] EWHC 1553 (Admin) (17 June). This provides us with a further helpful reminder of a number of central principles including those underlying the approach to be taken by a tribunal when setting out the reasons underlying … Read more
Whilst we await a potential flurry of judicial authorities in the coming months, we have the recent judgment [2 June 2020] from Naqvi and SRA [2020] EWHC 1394 (Admin) 1394. Whilst there is little within it to consider surprising, it does provide helpful reminders of some of those well-established principles in prof. reg. (e.g. Saluja … Read more