Regulatory
Law

Index for "Chapter 18"

Appeals from interim orders

Hearing an appeal from a judge of first instance Lady Justice Arden said, ‘The judge held that the court "naturally [paid] great respect to the view of the evidence taken by the Interim Orders Panel...

Extraterritoriality

In the case of Swanney v Full Decision of the General Medical Council's Fitness to Practice Panel [2008] ScotCS CSIH_35 it was held that: -- Section 36(1)(b) of the Medical Act 1983 (which deals with ...

Fitness to practise

It must be highly relevant in determining if a doctor's fitness to practise is impaired that first his or her conduct which led to the charge is easily remediable, second that it has been remedied and...

GMC Fitness to Practise panel

Rashid v. General Medical Council, Fatani v. GMC (2007) 1 WLR 1460 -- 4. These two appeals from the GMC Fitness to Practice Panel reaffirmed the principal purpose of the Panel namely the preservation ...

GMC sanctions

The approach of the High Court to reviewing sanctions imposed by the Fitness to Practice Panel of the GMC were summarized by Laws LJ (with whom Chadwick LJ and Sir Peter Gibson agreed), in the case of...

Interim orders against a doctor

In the case of an interim order against a doctor, Article 6 of the ECHR is not normally engaged. All that is required is that the tribunal acts speedily and on the basis of credible evidence. R (on th...

Interim suspension orders

General Medical Council v. Hiew [2007] 1 WLR 2007 -- 1. This case before the Court of Appeal considered the criteria for the exercise of the powers to extend interim suspension order made by the GMC�...

Personal mitigation

‘… the rules require the parties at one and the same stage in the proceedings to address the question, and if appropriate call evidence to enable the Committee to decide whether the level of culpa...

Section 29 appeals

The approach to appeals under Section 29 of the National Health Service Reform and Health Care Professions Act 2002 was laid down by the Court of Appeal in the case of Ruscillo v The Council for the R...

Serious professional misconduct

In the case of Biswas, R (on the application of) v The General Medical Council [2007] EWHC 1644 (Admin) Gibbs J. held that ‘The question of what is serious or not in the context of medical practice ...

The role of the PPC

The following statement was approved by Burton J in Woods v GMC [2002] EWHC 1484: ‘In conduct cases the PPC's task is to decide whether, in its opinion, there is a real prospect of serious professio...