Regulatory
Law

Index for "chapter 18"

Fitness to practise

The opening words of section 36A(1) (of the Medical Act 1983, as inserted) make it clear that it is the standard of the past professional performance of the practitioner in the work which he has actua...

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

To the extent that they decided that evidence exclusively relevant to personal mitigation could be considered by the Committee when deciding whether serious professional misconduct was proved, the dec...

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...

Unreasonable delay

In Selvarajan v General Medical Council [2008] EWHC 182 (Admin) Blake J. held that: -- the passage of time at common law and unreasonable delay in prosecuting proceedings for the purpose of Article 6 ...