Category: disciplinary procedures

Insight and ‘conduct fundamentally incompatible with continued registration’: PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin) – 2 Hare Court

Posted April 29th, 2024 in Administrative Court, appeals, chambers articles, disciplinary procedures, employment, mental health, news, nurses, professional conduct by sally

‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

City college loses JR over Ofsted ‘good’ rather than ‘outstanding’ rating – Local Government Lawyer

Posted April 26th, 2024 in disciplinary procedures, education, judicial review, local government, news, ombudsmen, school children by sally

‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’

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Local Government Lawyer, 25th April 2024

Source: www.localgovernmentlawyer.co.uk

‘’O, reason not the need!” – Why King Lear was wrong or: The Importance of Reasons in Disciplinary Proceedings – Francis Taylor Building

Posted April 26th, 2024 in chambers articles, disciplinary procedures, employment, local government, news, planning, professional conduct, reasons by sally

‘The general importance of the duty to give reasons at common law is well known to disciplinary practitioners. The recent debate generated by the comments made by the Commissioner of the Metropolitan Police, Sir Mark Rowley, in the context of police misconduct further highlights the importance of all disciplinary panels arriving at decisions which are robust and sustainable against legal challenge.’

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Francis Taylor Building, 12th March 2024

Source: www.ftbchambers.co.uk

Has Fleischmann been put in its proper place? PSA v GDC & Naveed Patel [2024] EWHC 243 (Admin) – 2 Hare Court

Posted April 25th, 2024 in careless driving, chambers articles, dentists, disciplinary procedures, homicide, indecent photographs of children, news, sentencing, suspended sentences by sally

‘It is nearly twenty years now since Alexander Fleischmann, a dentist, was struck off after the forerunner body to the PSA appealed against his suspension by a Committee of the GDC. Mr Fleischmann had been convicted in the Crown Court of quite serious charges relating to child pornography but after submissions in mitigation he had been sentenced to a three-year Community Rehabilitation Order (CRO) rather than being sent to prison as the Sentencing Guidelines would have suggested.’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Retired UK GP suspended for five months after climate protests – The Guardian

Posted April 24th, 2024 in climate change, contempt of court, demonstrations, disciplinary procedures, doctors, environmental protection, injunctions, news, professional conduct by sally

‘A doctor who went to jail after a series of climate protests has been taken off the medical register for five months – and still faces being permanently struck off. The Medical Practitioners Tribunal Service (MPTS) – the disciplinary arm of the General Medical Council (GMC) – suspended Dr Sarah Benn on Tuesday, having found last week that her fitness to practise as a doctor had been impaired by reason of misconduct.’

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The Guardian, 23rd April 2024

Source: www.theguardian.com

Does time spent on an immediate suspension order whilst awaiting appeal count towards the overall period of suspension? Nabeel Aga v The General Dental Council [2023] EWHC 3208 (Admin) – 2 Hare Court

Posted April 24th, 2024 in appeals, dentists, disciplinary procedures, harassment, news, professional conduct, stalking, statutory interpretation by sally

‘The decision late last year by Ritchie J in Aga v GDC caused uproar in the regulatory and professional discipline worlds.’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Cookery teachers banned after altering pupils’ food – BBC News

Posted April 24th, 2024 in disciplinary procedures, examinations, food, news, professional conduct, school children, teachers by sally

‘Two cookery teachers have been permanently banned from the profession after altering pupils’ dishes in a bid to improve their grades.’

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BBC News, 23rd April 2024

Source: www.bbc.co.uk

Suspension for barrister who lied to client over binned files – Legal Futures

Posted April 23rd, 2024 in barristers, disciplinary procedures, documents, news by sally

‘A direct access barrister who lied to a client over files that were accidentally destroyed by his chambers has been suspended for six months by a Bar disciplinary tribunal.’

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Legal Futures, 23rd April 2024

Source: www.legalfutures.co.uk

Suspended sentence for struck-off solicitor who misused client funds – Legal Futures

Posted April 22nd, 2024 in abuse of position of trust, disciplinary procedures, domestic violence, fraud, mental health, news, professional conduct, sentencing, solicitors, suspended sentences by sally

‘A solicitor who used a client’s £132,000 divorce settlement to pay off her tax bill and give money to her daughter has been handed a suspended prison sentence.’

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Legal Futures, 22nd April 2024

Source: www.legalfutures.co.uk

SRA anti-money laundering blitz continues with £76k in fines – Legal Futures

Posted April 22nd, 2024 in disciplinary procedures, fines, law firms, money laundering, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) blitz on breaches of anti-money laundering (AML) rules has continued, with more than £76,000 in fines handed out to a solicitor and four law firms.’

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Legal Futures, 22nd April 2024

Source: www.legalfutures.co.uk

Human rights protections inhibit employer sanctions over lawful strike action, rules Supreme Court – OUT-LAW.com

Posted April 18th, 2024 in disciplinary procedures, employment, human rights, industrial action, news, Supreme Court by sally

‘UK legislation allowing employers to take disciplinary action against employees for their participation in lawful strike action is in breach of those employees’ human rights, according to a new Supreme Court ruling.’

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OUT-LAW.com, 17th April 2024

Source: www.pinsentmasons.com

The Bar Standards Board publishes the Fieldfisher review of its enforcement system – Bar Standards Board

Posted April 15th, 2024 in barristers, complaints, disciplinary procedures, enforcement, news, professional conduct by sally

‘The leading law firm Fieldfisher LLP was appointed in 2023 to carry out an end-to-end review of the Bar Standards Board’s (BSB) enforcement system, encompassing all the BSB’s systems, processes and policies. After agreement in principle by the Board, the full report is today being published.’

Full report

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Bar Standards Board, 12th April 2024

Source: www.barstandardsboard.org.uk

Report calls for major overhaul of BSB enforcement processes – Legal Futures

Posted April 12th, 2024 in barristers, case management, complaints, delay, disciplinary procedures, enforcement, news, professional conduct by sally

‘The Bar Standards Board (BSB) has the right approach to dealing with complaints about barristers’ conduct but there are “a large number of areas” for improvement, a major review has concluded.’

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Legal Futures, 12th April 2024

Source: www.legalfutures.co.uk

Contempt and use of documents in CDM proceedings – Law & Religion UK

Posted April 11th, 2024 in Church of England, clergy, codes of practice, contempt of court, disciplinary procedures, documents, news, third parties by sally

‘Further to the Tribunal Decision The Revd Canon Richard Peers, 21 March 2024, de Mestre Ch. issued a Ruling on paragraph 309 Clergy Discipline Measure 2003: Code of Practice concerning the possession and use of documents relating to the proceedings by third parties and the provision of these documents to them by the Complainant, 8 April 2024.’

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Law & Religion UK, 11th April 2024

Source: lawandreligionuk.com

Women’s rights barrister faces suspension for accusing judge of ‘boys’ club’ attitude – The Independent

Posted April 8th, 2024 in barristers, disciplinary procedures, domestic violence, equality, judges, news, professional conduct by sally

‘More than 60 lawyers, campaigners, politicians and academics are backing a women’s rights lawyer who faces suspension after challenging a judge for having “a boys’ club” attitude in a ruling on a domestic abuse case.’

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The Independent, 7th April 2024

Source: www.independent.co.uk

Wigan deputy head teacher banned from profession after raping girl – BBC News

Posted April 3rd, 2024 in child abuse, children, disciplinary procedures, imprisonment, news, rape, sexual offences, teachers by sally

‘A primary school deputy head teacher, jailed for child sexual abuse offences including two counts of rape, has been barred from teaching.’

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BBC News, 2nd April 2024

Source: www.bbc.co.uk

Taxi driver who showed female passenger explicit link loses licensing appeal – Local Government Lawyer

Posted April 3rd, 2024 in appeals, disciplinary procedures, licensing, local government, news, pornography, professional conduct, taxis by sally

‘A taxi driver who admitted showing a female passenger a weblink to an explicit website has lost an appeal to drive an East Cambridgeshire District Council licensed taxi or private hire vehicle.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Tribunal throws out solicitor’s claim based on sale of practice – Legal Futures

Posted April 2nd, 2024 in agreements, contracts, disciplinary procedures, employment tribunals, jurisdiction, law firms, news, solicitors by sally

‘An employment tribunal has struck out a solicitor’s breach of contract claim based on a business agreement to transfer his practice to another firm, which was then to employ him.’

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Legal Futures, 2nd April 2024

Source: www.legalfutures.co.uk

SRA fines “unfair” and “schizophrenic”, solicitors argue – Legal Futures

Posted March 25th, 2024 in dangerous driving, disciplinary procedures, drunk in charge, fines, law firms, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority’s (SRA) approach to fines has been branded unfair and “schizophrenic” in the wake of hefty penalties handed out to solicitors convicted of drink-driving.’

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Legal Futures, 25th March 2024

Source: www.legalfutures.co.uk

SDT dismisses case against Dentons as SRA left with costs bill – Law Society’s Gazette

Posted March 12th, 2024 in costs, disciplinary procedures, law firms, money laundering, news, solicitors, Solicitors Regulation Authority by sally

‘The solicitors’ regulator has suffered a major setback with its prosecution of the world’s biggest firm amounting effectively to nothing.’

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Law Society's Gazette, 11th March 2024

Source: www.lawgazette.co.uk