‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’
UK Police Law Blog, 27th October 2020
Source: ukpolicelawblog.com
‘In Episode 128 Emma-Louise Fenelon talks to Marina Wheeler QC about the Cumberlege Review, which investigated the response of England’s healthcare system to patients’ reports of harm from drugs and medical devices.’
Law Pod UK, 22nd October 2020
Source: audioboom.com
‘The secretary of state had granted a temporary approval during the COVID-19 pandemic of “the home of a pregnant woman” as a class of places for the taking of Mifepristone, one of the two drugs required for a termination of pregnancy during the first 10 weeks. The appellants challenged this decision by way of judicial review, arguing, inter alia, that it was unlawful as being without the powers conferred by the Abortion Act 1967 (as amended).’
UK Human Rights Blog, 21st October 2020
Source: ukhumanrightsblog.com
‘The death of a teenager who was given antipsychotic medication though he and his family warned that the drug might cause him serious harm could have been avoided, an independent review has concluded.’
The Guardian, 20th October 2020
Source: www.theguardian.com
‘The family of an NHS consultant who has treated many patients during the coronavirus pandemic, and who is now critically ill with Covid himself, are facing removal from the UK.’
The Guardian, 15th October 2020
Source: www.theguardian.com
‘The former owners of a private hospital where hip surgeon Derek McMinn carried out thousands of operations on patients was only told about concerns he was hoarding bones and tissue without proper permission last week – a year after an internal investigation suggested they should be told. Nuffield Health, which runs more than 30 hospitals, told The Independent it was unaware of any issues related to Prof McMinn until reports of his alleged behaviour last week.’
The Independent, 6th October 2020
Source: www.independent.co.uk
‘A doctor has been fined £4,000 after carrying out an unlicensed circumcision.’
The Independent, 5th October 2020
Source: www.independent.co.uk
‘A former trainee doctor has been found in contempt of court for repeatedly breaching injunctions imposed on him to stop using a website to harass a circuit judge.’
Legal Futures, 26th August 2020
Source: www.legalfutures.co.uk
‘The medico-legal and insurance services (MLIS) market had an estimated turnover of £700m last year but the coronavirus will have a “major impact”, a report has warned.’
Litigation Futures, 16th July 2020
Source: www.litigationfutures.com
‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’
Henderson Chambers, 25th June 2020
Source: www.hendersonchambers.co.uk
‘Inquests will be held after a review found patients of a rogue breast surgeon may have died unnaturally.’
BBC News, 4th July 2020
Source: www.bbc.co.uk
‘In the recent case of Dr Ogunsanya and Taylor Woods Solicitors v General Medical Council [2020] EWHC 1500 (QB), Eady J rejected the Claimants’ application for an injunction against the General Medical Council (‘GMC’) preventing the GMC from investigating the actions of the First Claimant (who is dual qualified as a doctor and as a solicitor) on the basis that the GMC had no jurisdiction because he was acting in his capacity as a solicitor, and not as a doctor, at the time. In rejecting the application, Eady J held that the allegations, amounting as they did to potential allegations of dishonesty, did fall within the GMC’s jurisdiction given their potential to prejudice the reputation of the profession. That there might be an overlap with another regulatory regime (that of the Solicitors Regulation Authority (‘SRA’)) did not oust that jurisdiction.’
Old Square Chambers, 23rd June 2020
Source: www.oldsquare.co.uk
‘GMC v Awan concerns a GP’s sexually motivated online chat with someone posing as 13 year old child. The GMC’s appeal under section 40A of the Medical Act 1983 was dismissed by Mostyn J and the 9-month suspension imposed by the Tribunal was upheld.’
UK Human Rights Blog, 19th June 2020
Source: ukhumanrightsblog.com
‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’
Legal Futures, 15th June 2020
Source: www.legalfutures.co.uk
‘Two NHS frontline doctors, Dr Meenal Viz and Dr Nishant Joshi, are preparing to file a legal challenge to the Government’s guidance on Personal Protective Equipment (PPE). This guidance, which applies to health care and social care workers, reduces the requirement to wear PPE and allows for re-use of some PPE. The legal challenge will argue that the Government guidance goes against World Health Organisation (WHO) guidance and puts health care and social care workers at risk, breaching their legal protections at work and their human rights.’
Garden Court Chambers, 22nd May 2020
Source: www.gardencourtchambers.co.uk
‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’
No. 5 Chambers, 18th May 2020
Source: www.no5.com
‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’
3PB, 1st May 2020
Source: www.3pb.co.uk
‘The 126 claimants in this case were all employees of Barclays Bank who, at the start of their employment between the late 1960s and early 1980s, were required to undergo a medical examination. Examinations were carried out by Dr Bates (now deceased), a general practitioner who was not an employee of the Bank but engaged as an independent contractor to provide this service, and did so at his home. The Claimants alleged that they were sexually assaulted by Dr Bates while undergoing this examination and brought a group action against the Bank for compensation. A preliminary issue was whether Barclays could be vicariously liable for his actions.’
3PB, May 2020
Source: www.3pb.co.uk
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