Regulatory

16.12.24

The Aga and Danial Saga: should Immediate Suspension Orders be deducted from the Substantive Suspension Order as “Time Served”?

Following a finding of impairment of fitness to practise, one of the possible sanctions open to Panels is suspension. However, in respect of most (if not all) healthcare regulators, that suspension does not take effect immediately, to allow the registrant time to appeal the decision should they wish to. In order to combat that lacuna…

Frozen bank accounts and the Home Office

In recent times, there appears to have been an increasing interest shown by the Home Office in the financial background of foreign nationals are accused of staying in the UK beyond the expiry of their visa, or working when the terms of their visa prohibit this. The Criminal Offence The Immigration Act 1971 provides that…

4.12.24

The confidential and delicate nature of family proceedings highlighted in the Fitness to Practise sphere

In General Dental Council v KK, Stockport Metropolitan Borough Council [2024] EWHC 3053 (Fam), Mrs Justice Knowles highlighted the importance of regulators following the correct procedures before obtaining documents pertaining to Family Court proceedings for use in fitness to practise proceedings. This case concerned a dental technician, KK, who faced serious allegations about his fitness…

4.11.24

Jennifer Hallam: Restored to the Roll after 20 Years

Vicky Lankester, solicitor at Brett Wilson LLP and Alecsandra Manning-Rees, Counsel from 5 St Andrews Hill represented Jennifer Hallam in respect of her successful application for restoration to the Roll of Solicitors. This case has attracted wide media publicity, which is unsurprising, given the obstacles Ms Hallam had to overcome to get to this point….

13.03.24

High Court provides guidance on when an appeal should be remitted for a further hearing in fitness to practise cases

In the recent case of Hawkins v HCPC [2023] EWHC 3256 (Admin), the High Court considered the basis upon which a case should be remitted for a re-hearing following a successful appeal. This has provided useful guidance where there was a previous lack of such guidance. The initial hearing The Appellant, a physiotherapist, faced allegations…

17.01.24

Court of Appeal upholds suspension for covid conspiracy doctor

The recent case of Adil v General Medical Council [2023] EWCA Civ 1261 considered a doctor’s right to freedom of expression under Article 10 of the European Convention on Human Rights (“ECHR”). Article 10 of the ECHR states: Freedom of expression Everyone has the right to freedom of expression. This right shall include freedom to…

1.12.23

The Priory Group charged with criminal offences over death of patient

The Priory Group has been charged by the Care Quality Commission (‘CQC’) with two criminal offences after the death of inpatient, Matthew Caseby, who absconded from one of their mental health hospitals and was later hit by a train. An inquest jury last year found that neglect by the hospital had contributed to Mr Caseby’s…

9.11.23

Amended HCPC Standards of Conduct, Performance and Ethics to come into force in September 2024

The Health and Care Professions Council (HCPC) has announced its amended Standards of Conduct, Performance and Ethics (‘SCPE’) will come into force on 1 September 2024. This will be the first time the SCPEs have been updated since January 2016. This follows the updating of the Standards of Proficiency for all 15 professions on 1…

23.10.23

Solicitor struck off for sexual misconduct

In a landmark ruling spanning 82 pages, Oliver Bretherton, an ex-director of multinational law firm Gowling WLG (UK) LLP, was struck off by the Solicitors Disciplinary Tribunal (SDT) for sexual misconduct in the workplace. This followed a 12 day Final Hearing between February and June 2023, with the decision being published on 29 September 2023….

19.10.23

Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2024 directory

Brett Wilson LLP’s media and communications law and criminal defence departments have again been recommended by the prestigious Chambers and Partners directory as leading departments in their field. In the firm’s media and communications law department, partners Iain Wilson, Max Campbell and Tom Double continue to be ranked as leading lawyers in Defamation/Reputation Management. Partner…