PSA v HCPC + Doree  EWCA Civ 319. The Court of Appeal was recently asked to consider a number of important principles involving adherence to a Regulator's Indicative Sanctions Guidance, the assessment of mitigation and insight, and the duties on a Panel to consider amending an allegation. The decision confirmed that whilst only "guidance" a regulatory panel must pay proper regard to the Indicative Sanctions Guidance published by the regulator and must apply it as its terms suggest, unless there are sound reasons given for departing from that guidance. In relation to assessing insight, in this case the Court of Appeal focussed on weighing up all the evidence in the round and did not consider the Panel had given undue weight to written and untested statements made by the Registrant as to his insight and regret. The Court also recognised that a regulatory panel is entitled to make necessary amendments to the allegations before it, to avoid undercharging, and there may be circumstances where a late amendment of the allegations faced by a registrant will be justified, even after the evidence has been heard and findings of fact have been made, although the facts of this case did not require such a step.
Kimmance v GMC  EWHC 1808, Kerr J A recent decision of the High Court provides some useful commentary on dishonesty, mitigation, attendance at disciplinary hearings, and how fitness to practise appeals should be presented in the High Court.