6 results
12 Feb 2019 16:30
New Law Pod UK listen: Ever wondered about the General Medical Counsel’s right to appeal?Rosalind English presents the first of three highlights from 1COR’s recent seminar on professional discipline; ‘Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings’, with Robert Kellar and Jeremy Hyam QC discussing the General Medical Council‘s right of appeal. Citations for cases more...
19 Dec 2018 11:56
Procedural fairness and the crucible of cross examinationSait v GMC [2018] EWHC 3160 (Admin) This case is a salutary reminder to all who conduct litigation about the necessary elements of procedural fairness which continue to underlie our system of civil justice; even in a modern context when a cards on the table approach characterises many disputes from more...
23 Nov 2018 13:13
Scope of the duty – Avoiding the avalancheWhen is a doctor responsible for losses suffered after they have given bad advice? According to the Court of Appeal, if the loss is “coincidental”, it’s not recoverable. On 23rd November 2018 the Court of Appeal handed down judgment in the case of MNX v Khan [2018] in which it considered the more...
Dishonesty and sanction in professional disciplinary proceedings: time for a nuanced approach
‘For all professional men a finding of dishonesty lies at the top end of the spectrum of gravity of misconduct’. So said Lord Steyn in 2003 in a case involving a vet claiming to have carried out surgery he had not (Tait v RCVS) . In 2017 it is time to reassess the validity of those words, and not more...
Admissibility of findings in professional disciplinary proceedings
INTRODUCTION When a professional client is brought before their regulator, it is not uncommon for it to be the last in a number of hearings considering the same allegations, such as those held by their employer, concurrent criminal proceedings, or a coroner's inquest. This article considers the more...
The meaning of “professional misconduct” in barrister disciplinary proceedings
The meaning of “professional misconduct” in barrister disciplinary proceedings Marc Beaumont, FCIArb, barrister 1. In practice as in life we regularly use language that we do not pause to define. For those who practise in the field of professional discipline, we speak of “professional misconduct”. more...
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