1
A
- A Rose by any other Name …
- A Slippery Political-Legal Slope
- Abuse of Process
- ACCA’s Unfair Rule Changes
- Accessing Abortion Services without Harassment from Protesters
- Adducing Medical Evidence on Appeal
- Adjournments
- Admitting Fresh Evidence on Appeal
- Adverse Inference
- Adverse Inference in Disciplinary Proceedings
- Aga: General Dental Council Succeed in Court of Appeal
- Allegations are admitted but facts disputed
- Alternative Business Structures to be challenged in ECJ
- Andrea James of Brabners: Defending Healthcare Professionals
- Animals Act 1971: Establishing Strict Liability
- Anonymous Surrogacy: Requirements for a Parental Order
- Antisocial Behaviour Orders to go
- Appeal Court lambasts Solicitors Disciplinary Tribunal
- Appeal Mislaid for 18 Months
- Appealability of Doctor’s Suspension Review
- Appealing Facts
- Appealing the Facts in Regulatory Cases: A Brief Review
- Appeals by Doctors from the MPT: Statutory Framework
- Appeals by the General Medical Council against MPT Suspension Sanction
- Appeals to the High Court
- Appellate Court’s Limited Role
- Applicability in England of Norwegian Deferred Probate Law
- Are you reliable?
- Article 10 ECHR and Unjustified Interference
- Asda Employees Leap First Hurdle
- Assessment of dishonesty in virtual hearing: Nurse’s successful appeal
- Assisting Possession of Mobile Phone in Prison
- Attorney General’s Frivolous Reference
- Authorising Undercover Agents Who Commit Crime
- Autistic Spectrum Disorder: Retention of Records and Art 8 Rights
B
- Baby’s End of Life Care Plan
- Bad Character: Deficient Direction
- Baroness Hale on Judicial Diversity
- Barrister Deceived Court in own Divorce
- Barrister on DPA Retained Client Money
- Barrister’s Conviction Results in Disbarment
- Barrister’s Failure to Comply with Court Order
- Barrister’s Second Appeal Against Disbarment
- Barrister: Appeal against Suspension for Dishonesty Allowed
- Barristers: Appeals from the Bar Tribunals and Adjudication Service (BTAS) – Short review
- BBC Fined £28,000 for Contempt of Court
- Beckwith: SRA’s New Guidance
- Betrayal of Parliamentary Democracy?
- Binding Agreement or Subject to Contract?
- Boy’s Unjust Exclusion from Swansea School
- Bungling Haringey Council splits family
C
- Care Order Splits Court of Appeal
- Care Proceedings: Potential Special Guardian
- Care Quality Commission to be Judicially Reviewed
- Cartel Participants Bound by Admissions
- Catastrophic Brain Injury: Judge’s Conscientious Decision
- Causation in Gross Negligence Manslaughter: Comparison with Medical Cases
- CEO to leave Failing Regulator
- Chancery Court Upholds FCA’s Regulatory Action
- Changing habits
- Changing Language
- Charges against Registrants
- Choirmaster Restored to Barred List
- Choosing your successor
- Chris Daw QC: Justice on Trial
- CILEX succeeds in the Court of Appeal
- Clear Presidential Result or Deja Vu 2000
- Climate Activism Doctor’s Appeal Against Suspension
- Clinical Negligence: Jail Sentence for False Statements
- Collection of Sperm after Catastrophic Brain Injury
- Competition Appeals Tribunal made 5 Errors of Law
- Confusing Negligence with Rules of the Game
- Considering Seriousness at the Sanctions Stage
- Conveyancing Fraud: Solicitor’s Failure to Supervise
- Coronavirus Regulations: Reasonable Excuse to Leave Home
- Costs
- Costs Order against Regulator Upheld
- Council Not Liable for Cricket Ball Injury
- Court of Appeal allows Doctor to Appeal Out of Time
- Court of Appeal dismisses NMC’s Appeal
- Court of Appeal: GMC and PSA appeals dismissed
- Court of Protection Judge applied Wrong Legal Test
- Court Sanctions Use of Embryo Absent Written Consent
- Court’s Direction on Self-Induced Intoxication
- Court’s Powers to Control Use of Documents
- Court’s Retrospective Backdating of Claim Form
- Covid-19 Business Interruption: Insurers to Pay Out
- Covid-19: Urgent Care Undeliverable
- Criminal Attempt: The Fine Line
- Criminal Cases Review Commission Judicially Reviewed
- Crocodile Tears but No Remedy for Equity Partner
- Cross-Admissibility of Evidence in Medical Practitioners Tribunal
- Crumbling Justice System Failing Children
- Cumulating Non-Serious Misconduct Findings
- Cynical Breach of Restrictive Covenant Dashed by Supreme Court
D
- Damaging Colston’s Statue
- David Gomez on Regulatory Healthcare Issues
- Dedicated Lawyers Challenged Unlawful Detention
- Deductions from Benefit Policy Unlawful
- Demonstrating Remediation and Insight
- Dental Panel’s Defective Reasoning
- Dental Regulator Fails Timeliness Standard for Fifth Year
- Dentist failed to advise of material risks
- Dentist’s Misleading and Dishonest Website Claims
- Dentist’s Non-Delegable Duty
- Dentist’s Restoration: Failure to Disclose Investigation
- Dentists Regulator Shamed by Unlawful Disclosure of Family Court Documents
- Departing from Sanctions Guidance
- Derek Bentley: Miscarriage of Justice
- Derisory sentences do not fit international crimes
- Determining Death: Guidelines & Procedure
- Diagnosis of Brain Stem Death
- Dirty Money Matters to Lawyers
- Disciplinary Findings Against Nurse Quashed on Appeal
- Disciplinary Proceedings after Acquittal
- Disclosure
- Disclosure to Regulatory Body
- Disclosure: Annex of Regulator’s Powers to Require Disclosure
- Dishonesty Explained
- Dishonesty in Regulatory Proceedings
- Dishonesty in Regulatory Proceedings
- Dishonesty: Court of Appeal affirms Ivey and buries Ghosh
- Doctor – Sexual & Racial Misconduct: Regulators’ bid for Erasure Fails.
- Doctor Erased after Crown Court Acquittal
- Doctor Judicially Reviews Warning
- Doctor’s Alteration of Medical Notes
- Doctor’s Appeal against ‘Difficult Personal Position’
- Doctor’s Appeal: Case Remitted to MPT for Reconsideration
- Doctor’s Boilerplate Medical Reports
- Doctor’s Diagnosis of ASD Between Impairment and Sanction
- Doctor’s Dishonesty: Factors For and Against Erasure
- Doctor’s Failure to Comply with Health Assessment
- Doctor’s Failure to Reveal Interim Order Conditions
- Doctor’s Inappropriate Behaviour towards Colleague
- Doctor’s Interim Conditions Revoked on Appeal
- Doctor’s Racial Discrimination Appeal against Regulator
- Doctor’s Untruthful Evidence: Erasure
- Doctor: Appealing out of Time
- Doctor: Appropriateness of Interim Order Conditions
- Doctor: Conditions Imposed for Isolated Incident
- Doctor: Disproportionate Interim Suspension Order
- Doctor: Fresh evidence denied on appeal
- Doctor: GMC’s Unsuccessful Appeal against Sanction
- Doctor: Leave Granted to Appeal Out of Time
- Doctor: Threshold Criteria on Appeal
- Doctor: Vulnerable Public’s Trust in Medical Professionals
- Doctors and the charging trap of “dishonestly”
- Doctors: Sanction for Dishonesty
- Doctors: The Regulator’s Duty of Care to Registrants
- Domestic violence a poor relation
- Doping Charges: British Cycling Doctor’s Appeal
- Drunk Passenger’s Contributory Negligence
- Dubious Investments: Solicitor Turning a Blind Eye
E
- Easter’s changing tastes
- Education Secretary Acted Unlawfully
- Effect of Doctor’s Persistent Dishonesty
- Effect of Procedural Failings on a Doctor’s Appeal
- Employment: Definition of Worker
- End of Life: Second Unarguable Appeal Application
- Ensuring Procedural Fairness
- European Arrest Warrants: Continued Detention Lawful
- European Convention on Human Rights (ECHR)
- Evaluating Evidence
- Evaluating Evidence: The Modern Approach
- Evidence: Admission of Fresh Evidence
- Evidence: Expert Witness
- Evidence: Hearsay
- Exclusion Clause Requires Unambiguous Language
- Extending an Interim Order: Necessity
- Extradition: Prosecution Reversal after 20 years Oppressive
F
- FA Chairman, Greg Dyke, says sorry to widow
- FA Chief’s Substantial Defamation Damages
- Fact Finding Approach in JR Proceedings
- Failure to Prosecute Youth for Manslaughter
- Failure to Sign Appeal Form: Different Sauce for Goose and Gander
- Fairness of Teacher’s Appeal Absent Transcript
- Family Proceedings: Admissibility of Foreign Conviction
- FCA RDC Judicially Reviewed
- Financial Ombudsman Decision Quashed on Judicial Review
- Fitness to Practise Panellists are Workers
- Flying Pickets’ Convictions Quashed
- Former Nurse’s Proxy War
- Former Solicitor Sent back to Prison for Contempt: Court of Appeal
- Former Solicitor: Second Contempt of Court Application
- Four Year Delay about Barrister’s Inappropriate Conduct
- Freemasons’ Main Aim
- Future for OHPA Looks Bleak
G
- General Court of the EU: findings not binding in domestic proceedings
- General Dental Council (GDC)
- General Dental Council Exceeded Maximum Suspension Period
- General Dental Council’s Unsuccessful Appeal
- General Medical Council (GMC)
- General Pharmaceutical Council (GPhC)
- General Propositions of Law not for the Courts
- GMC not liable for PSA costs
- GMC’s Appeal Against Doctor’s Suspension
- GMC’s power to investigate Solicitor/Doctor challenged
- GMC’s attempt to erase doctor fails on appeal
- Gobbledygook and 360 degree appraisals
- GOC: Panel Member’s Failure to Recuse
- God’s Banker
- Golden Thread
- GOsC Fails to Reverse Judge on Appeal
- Grossly Incompetent Investigation by GPhC: Case Closure Rescinded
H
- Hazards of Remote Hearings: Perceived Bias
- Health Assessment: Non-Compliance Determination Quashed
- Health Care Regulators in 2017
- Health Professions Council to regulate Social Workers
- Health Protection: Dangerous Unofficial Guidance
- Healthcare Regulation: Insufficient Public Protection
- Hearsay Evidence In Regulatory Proceedings
- High Court sets aside Extradition Order
- His Honour Nigel Lithman QC: Nothing Like the Truth
- Historic Offences: Children Guidelines Relevant
- Home Secretary Wins in Supreme Court
- Homeless Social Worker’s Interim Suspension
- Honesty at the heart of the Medical Profession
- Honesty Fundamental for a Doctor
- Honouring Collective Bargaining
I
- I Wonder … (or Grateful Reminiscences in Lockdown)
- Ian Forrester QC: Reflections on the European Courts
- Impairment
- Impartial Tribunal and Fair Trial
- Inference of Sexual Motive Overwhelming
- Information Commissioner fines Charity £200,000
- Infringement of Article 10 Rights: Police Recording of Non-Crime Hate Incidents
- Inherent Improbability and Sexual Motivation
- Insanity Defence: The meaning of “wrong”
- Insight
- Insufficiency of Court’s Reasons
- Integrity
- Integrity and the Standard of Proof
- Integrity Survives: Dishonesty Distinguished
- Integrity versus dishonesty
- Integrity: UT considers FCA’s approach
- Interfering with Findings of Fact on Appeal
- Interim Order Imposed After Two Year Delay
- Interim Orders
- Interim Orders in the Public Interest
- Interim Orders: Recognising Risk and Uncertainty
- Interim Suspension in regulatory proceedings on public interest grounds
- Interim Suspension Order Extended on Ageing Case
- Interim Suspension Orders In The Public Interest: Judges Retreat
- Interpreting SRA Principles
- Introduction
- IOPC Direction to Police Commissioner Upheld in CA
J
- Jailed Pharmacist/Manager Loses Removal Appeal
- Jeremy Thorpe’s innocence: deceit and lies
- JR: Final Warning for PC’s Harassment of Lone Woman
- JR: Former Police Officer’s Written Warning Quashed
- JR: Judge’s Refusal to State a Case
- JR: Police Officer’s Fictitious Answer in Competency Based Interview
- Judge’s Failure to Recuse
- Judge’s Inappropriate Inquisitorial Role
- Judge’s Own Idea Decided Case
- Judges’ Undue Deference to MPT Decisions
- Judgments: Structured Judicial Analysis Necessary
- Judicial Precedent: When Puisne Judges Disagree
- Judicial Review
- Justice Delayed: Judge Sanctioned for Late Judgment
- Justice Not Seen to be Done
- Justiciable, Unlawful, Void and of No effect
- Justifying and Extending an Interim Order
L
- Lack of Capacity and Deprivation of Liberty
- Lack of Capacity: Covid-19 Vaccination
- Learning from tragedy
- Legal Assessors
- Legitimate Expectation
- LFAs/DBAs: Statutory Interpretation
- Liability for Horse Race Injury
- Liability of Trust for Withholding Treatment
- Life Threatening Injury in New Sentencing Guidelines
- Limitation Act 1980 and Mistake of Law
- Limitation on the Expression of Christian Beliefs
- Limitation Period and Midnight Deadline
- Limiting Discovery with Solicitor’s Lien
- Limits to Scope of Professional Regulation
- Little Respect for World Order: America is First
- Livestreaming breach: Solicitor’s inappropriate court communication
- Local Authority’s Duty of Care to Children
- Lord Denning and the Profumo Scandal
- Lord Hodge Explains Statutory Interpretation
M
- Maintenance Pending Suit: Form E may be enough
- Manslaughter Sentence: A-G Refused Leave to Refer
- Markle Wins First Round
- Master of the Rolls’ Warning to Appellants
- Maurice MacSweeney: Harbour Litigation Funding
- Meaning of Words: Humpty Dumpty Test Inappropriate
- Media Whine 2022: A Poor Vintage
- Medical Devices in the United Kingdom
- Medical Professor’s 2 Salaries Dishonest
- Medical Tribunal to reconsider Doctor’s FTP and Sanction
- Medical Tribunal’s Decision Fundamentally Flawed
- Medical Tribunal’s Error: GMC’s Successful Appeal
- Medical Tribunal’s Exiguous Reasoning
- Medical Tribunal’s Incomprehensible Delay
- Mental Element of Sexual Assault
- Mental Health Act: Meaning of “Personally Examined”
- Michael Mansfield QC: Human Rights
- Misconduct
- Modern Approach to Statutory Interpretation: Supreme Court
- MPT failed to take into account doctor’s good character
N
- Narrow Interpretation of Economic Loss Tort
- Negligence: Absent Breach and Causation
- NMC Fails Timeliness Standard for Third Year
- NMC Panel’s Failure to Grasp and Apply Burden and Standard of Proof
- NMC Panel’s Legally Unsustainable Findings
- NMC: Under Prosecution compounded by Panel errors
- No Bias in Government Covid Contract Award
- No Case to Answer
- No Case to Answer in Disciplinary Proceedings
- No Discrimination Under Article18 TFEU
- No Immunity For Crimes Committed in Parliament
- No Modern Authority
- No Order on Mother’s Circumcision Application
- Notification Proceedings: Local Authority’s Unacceptable Delay
- Nursing & Midwifery Council: Restoration to the Nursing Register Law and Practice
- Nursing and Midwifery Council (NMC)
- Nursing Appeal: Reminder of General Principles
- Nursing Panel Fundamentally Wrong: PSA Appeal
- Nursing Panel Overturned Again: PSA Appeals Suspension
- Nursing Panel’s Flawed Analysis
O
- Old ideas from the new Lord Chief Justice
- Ombudsman Excluded from Safe Space
- Open Justice and Anonymity
- Optometrist’s Failure to Examine: Death of Child
- Oral Hearing
- Osteopath Successfully Appeals Admonishment
- Overworked Judges: The Lord Chancellor’s Response
P
- Paradigm Example of Supervised Contact
- Paramedic Abandoned Dying Woman
- Paramedic: Jurisdiction to Appeal Out of Time
- Parliamentary Bully or Reforming Speaker
- Peaceful Protesters Successful in Supreme Court
- Pending Criminal or Civil Proceedings
- Perennial Embodiment of the Christmas Message: Andrew Mollison
- Permitting Registration to Lapse with Finding of Impairment
- Perverse Acquittals: A Right of Appeal?
- Pharmaceutical Regulator’s Fitness to Practise Concerns
- Pharmacist: PSA’s Successful Appeal against GPhC Finding of No Impairment
- Police Appeals Tribunal: Meaning of “unreasonable”
- Policy for Prosecuting Sexual Offences Unchanged
- Politicians in Wonderland
- Post Mortem Fertility Treatment with Donor Gametes
- Power to make Civil Restraint Orders
- Pregnancy Termination: Physical or Mental Disabilities
- Presumption of Mens Rea
- Procedure on Doctors’ Review Hearings
- Proceeding in Absence (of Practitioner)
- Professional Standards Authority
- Proper Remedy for Proprietary Estoppel
- Proportionality: A Regulatory Dilemma
- Proprietary Interest Takes Precedence
- PSA Appeal: HCPC Committee obliged to conduct CoP Review
- PSA appeals undercharging by GMC
- PSA’s Excessive Costs Application
- Psychologist Cleared of Undermining Covid Advice/Laws
- Psychologist’s Racist Social Media Post
- Psychologist’s Suspension for 9 year old misconduct
- Public figures and the humbug of private comments
- Public Interest Immunity Certificate by Permanent Under-Secretary Valid
- Purposeful Interpretation of “Same Interest”
- Pyschotherapists Challenge to Interim Order by Judicial Review
Q
R
- Racist Nurse Banned
- Rape: Conviction by Medical Tribunal
- Reasons: Structured Judicial Analysis
- Reforming Legal Services: Professor Mayson’s report destined for the archives?
- Refusal to Adjourn Child’s Life and Death Decision
- Registered Foreign Lawyer in Contempt
- Registering a Judgment on a Judgment
- Registrant’s Right to Defend: Impairment & Sanction
- Regulator’s successful Appeal against Costs Order
- Regulators’ Appeal: Finding of No Impairment for Sexual Misconduct
- Regulators: No Protected Costs Status as Losing Party
- REGULATORY CASE LAW DIGEST: From September 2022 to 31 August 2023
- Rejected Defence and Assessing Gravity of Misconduct
- Rejecting an Uncontroverted Expert’s Report
- Remediating a Doctor’s Dishonesty
- Remoteness of Misconduct in Regulatory Proceedings
- Repudiatory Breaches Defeat Stockbroker’s Claim
- Retired Dentist Appeals Suspension
- Return Order: Joinder of Child
- Reversing Decision to Caution
- Rob Behrens CBE: Parliamentary & Health Service Ombudsman
- Rogue Surgeon costs Insurance Company £20 million
- Roman Abramovich was Defamed
S
- Sam Hallam: Miscarriage of Justice
- Sanctions Guidance: Principles on Appeal
- Scope of Defendant’s Duty of Care
- Scottish Bills Exceeded Legislative Competence
- Scottish Court Quashes Doctor’s Interim Order
- SE Trains recover £43,000 from fare dodger
- Second inquest into 96 deaths at Hillsborough
- Sentencing Discounts for Informers
- Serious Irregularity in Sanctions Evaluation
- Sexual Motivation
- Shameful Lack of Secure Placement
- Should a Nursing Panel’s Decision be Quashed or Remitted?
- Single Judgments in the Superior Courts
- Sloppily Drafted Allegations and Unstructured Reasoning
- Social Work England (SWE)
- Social Work England’s Liability for Exemplary Damages
- Social Work England: Panel Decision Quashed on Appeal
- Social Worker’s Harassing Manner was Sexually Motivated
- Social Worker: No Proper Evidential Basis
- Solicitor Jailed for Contempt of Court
- Solicitor Misled Judge on Freezing Order Application
- Solicitor Substituted Own Judgment for Court Order
- Solicitor Used Disabled Son’s Blue Badge
- Solicitor’s Complete Lack of Insight
- Solicitor’s Refusal to Co-operate with Regulator
- Solicitor’s Second Appeal Fails
- Solicitor: Appeal by Undischarged Bankrupt
- Solicitor: The Proper Role of Judges
- Solicitors Disciplinary Tribunal Reversed Again
- Solicitors’ Strike Off Appeal: Dubious Investment Scheme
- Solicitors: Intervention into a Solicitor’s Practice
- Solicitors: Meaning of Employment and Remuneration: Sections 43/44 Solicitors Act 1974
- Solicitors: Misleading the Court
- Solicitors: Sanction for Dishonesty
- Solicitors: SDT Dismissal of ML Regs Breach Quashed on Appeal
- Solicitors’ and Doctors’ Regulators Protecting the Public
- Solicitor’s Restoration Appeal Totally Without Merit: Civil Restraint Order Considered
- Special Needs Child failed by Hillingdon BC
- SRA Intervention Necessary and Proportionate
- Standard of Proof
- Stansted Protesters Successful Appeal
- Statutory Interpretation
- Street Cruising Classic Case for Injunction
- Suicide Verdicts to be Decided on a Balance of Probabilities
- Supreme Court Dismisses Care Workers’ Appeals
- Supreme Court gives Ghosh its quietus
- Supreme Court’s First Collision Case
- Supreme Court: Consideration of Statutory Interpretation on Judicial Review
- Supreme Court: Defective Hip Replacement
- Supreme Court: Scottish Referendum Bill
- Supreme Court: Tour Operator Liable for Guest’s assault
- Surgeon Marked Initials on Patients’ Livers
- Surgeon’s Covid Conspiracy Theories
- Surgeon’s Failure to Warn Made No Difference to Outcome
- Surgeon’s Judicial Review Pauses Regulatory Investigation
- Surgeon’s YouTube Videos in Court of Appeal
- Suspension Inadequate to Protect Public
- Suspension of Practising Rights
T
- Teacher’s Unprofessional Email
- Teachers face regulatory nightmare
- Testamentary Capacity: the Golden Rule
- The Cruelty of Donald Trump
- The Drugs Trial of the Rolling Stones
- The House of Edinburgh
- The Importance of Detrimental Reliance
- The Incompatibility of Brexit with an Irish Border
- The Integrity of the Law
- The Meaning of Dwelling
- The Public Interest in Fitness to Practise Proceedings
- The Regulatory Dilemma
- The Right of a Mother to Cross-Examine
- The Right to Conduct Litigation
- Ticket Touts: Unlawful use of “bots”
- Totally Without Merit Claims
- Trial by Judge Alone: an Erosion of Freedom
- Trial by jury should be sacrosanct
- Trust and the Rule of Law
- Two limbs of Ivey Conflated by SDT
U
- Unacceptable Charging Delay Defeats Leniency Referral
- Unarguable end-of-life Application
- Unauthorised Transfers by Solicitor
- Unborn Child: Rare Anticipatory Declaration
- Undermining Open Justice with Anonymity and Redaction
- Unfairness
- Uniform Regulation of Health and Social Care Professionals on hold
- Uninsured Black Market Midwifery
- Unlawful Act Manslaughter
- Unlawful Occupation of Green Belt Land
- Unrepresented Practitioner
- US Company Not Bound to Produce Docs
- Using ChatGPT for Legal Submissions
V
W
- Waiver of Diplomatic Immunity Must Be Express
- Warning for Antisemitic Comments Upheld on Appeal
- Welfare Decision Remitted: Findings of Fact preserved
- Where was Jack Bauer?
- William Clegg QC: Under the Wig
- Windrush Applicants’ Successful JR
- Withdrawal of Child’s Medical Treatment