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Exceptional circumstances in dishonesty cases
SRA v James; SRA v MacGregor; SRA v Naylor [2018] EWHC 3058 (Admin)The Solicitors Disciplinary Tribunal's judgment in the case of Sovani James made a number of sector headlines; Ms James had been
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Are integrity and honesty one and the same?
Following a multitude of case law, the Court of Appeal decided that lack of integrity and dishonesty are not synonymous in the context of a solicitor's professional conduct.
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GMC v Lamming – Approach to restoration in dishonesty cases
The High Court recently determined the case of General Medical Council v Lamming [2017] EWHC 3309 (Admin), which overturned the decision of the Medical Practitioners Tribunal ("MPT") in granting a dishonest doctor restoration to the medical register.
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Dishonesty – an update since Ivey
We have previously commented on the Ivey v Genting decision, which radically changed the test for dishonesty (where the Defendant's state of mind is in issue) in disciplinary proceedings based on the long-standing Ghosh test. We are now beginning to see the first High Court decisions applying Ivey, which give an indication of how the courts (and disciplinary tribunals) may address cases alleging dishonesty in future. Although it is likely to be some time until we have full clarity on the point, it is clear that the courts are wasting no time in replacing the Ghosh test in both the criminal and disciplinary contexts.
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Cheating or "taking advantage"? A new case on dishonesty
The UK Supreme Court recently wrestled with the case of Mr Ivey, accused of cheating at the game of Punto Banco at the Genting Casino trading as Crockfords. Ivey v Genting Casinos (UK) t/a Crockfords [2017] UKSC 67
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The relevance of state of mind to an allegation of lack of integrity
Newell-Austin v Solicitors Regulation Authority [2017] EWHC 411 (Admin) As courts and regulators continue to define what it means to act with a lack of integrity, Morris J provides further guidance and some clarity, giving hope to regulatory bodies that a legal definition may be capable of development. At a time when there is a lack of clarity as to the legal test for dishonesty in regulatory cases, an understanding of what amounts to a lack of integrity may be within grasp; in some cases, it may be a preferable charging strategy as it now seems established that any test is solely an objective one.
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When is erasure a proportionate sanction when there is a finding of dishonesty?
Written by trainee, Laura Penny Abbas v General Medical Council [2017]EWHC 51 (Admin) The recent decision in Abbas provides a useful overview on the general approach to sanction where there is a finding of dishonesty.
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Erasure decision quashed due to 'illogical' reasoning
Written by Daniel Langley, Solicitor Wisniewska v Nursing and Midwifery Council [2016] EWHC 2672 (Admin), Hayden J This case provides a rare example of the High Court quashing a decision to strike-off a nurse following a finding of dishonesty. The court concluded that the NMC's Conduct and Competence Committee's (the Committee) reasoning was illogical and in the alternative imposed a sanction of 12 months suspension from the register.
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Non-attendance by professionals at hearings can come close to "professional suicide"
Kimmance v GMC [2016] 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.
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Clinical trials: dishonesty and disclosure
The High Court’s recent judgment of an appeal of the GMC’s Medical Practitioners Tribunal Service’s (“MPTS”) findings of fact against the appellant doctor provided notable commentary on dishonesty and relatively rare High Court consideration of the ethical issues affecting practitioners conducting clinical trials.