Fitness to practise
In the case of Augustine v The Nursing and Midwifery Council [2009] EWHC 517 Beatson J expressed the following view:'It is clear from the authorities that a principal purpose of a professional committee or Panel considering a disciplinary matter is the preservation and maintenance of public confidence in the profession and this differentiates it's function from that of a criminal court: see for example Fatani and Raschid v General Medical Council [2007] EWCA Civ 46 at [19], [16], and [26] per Laws LJ. As a consequence the approach of the High Court to a statutory appeal such as this is that it will correct material errors of fact and of law and "it will exercise a judgement, though distinctly and firmly a secondary judgment, as to the application of the principles to the facts of the case".
Categories: 5th edition, Chapter 18