Ethics Investigation in UK Law

Leading Cases
  • Council for the Regulation of Health Care Professionals v General Medical Council, Nursing and Midwifery Council, Truscott and Ruscillo
    • Queen's Bench Division (Administrative Court)
    • 29 Mar 2004

    To use the language of the criminal law, the Court would have to examine whether the conviction should have been on a totally different basis.

    The decision of the PCC, on the information before it, might be perfectly justifiable but, in the light of the true facts, not merely inappropriate but clearly wrong. If desirable for the protection of the public, there would be every reason to justify re-opening it without in any way impugning the actual decision of the PCC.

  • Dr. Gnanapragasam Anton Joseph Selvanathan v The General Medical Council
    • Privy Council
    • 11 Oct 2000

    The 1988 Practice Rules require the Committee to reach a view as a committee on the matters which they have before them for determination. In these circumstances it is not to be expected of the Committee that they should give detailed reasons for their findings of fact. A general explanation of the basis for their determination on the questions of serious professional misconduct and of penalty will be sufficient in most cases.

  • R v General Medical Council, ex parte Gee
    • Court of Appeal (Civil Division)
    • 19 May 1986

    The consequence of Mr. Robinson's submission—a consequence which he readily accepted—is that a doctor might be placed in the position of having to plead both guilty and not guilty to the same charge; guilty in respect of the facts relating to one patient, not guilty in respect of the facts relating to another. The same difficulty would face the Committee when coming to make their findings. But at the conclusion of the judgment delivered by Lord Griffiths there appears this paragraph:

  • Rao v General Medical Council
    • Privy Council
    • 09 Dic 2002

    There was undoubted negligence but something more was required to constitute serious professional misconduct and to attach the stigma of such a finding to a doctor of some 25 years standing with an hitherto unblemished career. Their Lordships are left with a profound sense of unease and are far from satisfied that if properly advised the PCC would inevitably have arrived at the same conclusion.

  • Council for the Regulation of Health Care Professionals v General Medical Council, Nursing and Midwifery Council, Truscott and Ruscillo
    • Court of Appeal (Civil Division)
    • 20 Oct 2004

    The role of the Court when a case is referred is to consider whether the disciplinary tribunal has properly performed that task so as to reach a correct decision as to the imposition of a penalty. The test of undue leniency in this context must, we think, involve considering whether, having regard to the material facts, the decision reached has due regard for the safety of the public and the reputation of the profession.

  • Habib Khan v General Pharmaceutical Council (Scotland)
    • Supreme Court (Scotland)
    • 14 Dic 2016

    An appellate court must approach a challenge to the sanction imposed by a professional disciplinary committee with diffidence. In a case such as the present, the committee's concern is for the damage already done or likely to be done to the reputation of the profession and it is best qualified to judge the measures required to address it: Marinovich v General Medical Council [2002] UKPC 36, para 28. Mr Khan is, however, entitled to point out that

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Legislation
  • Care Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... . . (k) investigations into things done or not done by a person or body with power to consider an ... . . (b) functions relating to research ethics committees (see sections 112 to 115);. . . (c) functions as a member of ......
  • The Medical Devices (Northern Ireland Protocol) Regulations 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ...... “ethics committee” means a research ethics committee recognised or established ...3 . Clinical investigations under Regulation (EU) 2017/745 PART 3 . Clinical investigations under ......
  • Psychoactive Substances Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... (b) (b) for forensic examination or for investigation in connection with an offence under this Act. . (3) No item may be ... research carried out by a person who has approval from a relevant ethics review body to carry out that research; . . “relevant ethics review ......
  • The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ...... (l) (l) in the definition of “intended for clinical investigation”, in paragraph (b), for “a Member State” substitute “the United ... “ethics committee” means an independent body established or recognised under the ......
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Books & Journal Articles
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Law Firm Commentaries
  • UK Serious Fraud Office launches investigation into GlaxoSmithKline in relation to claims of foreign bribery
    • LexBlog United Kingdom
    The UK’s Serious Fraud Office (“SFO”) has launched a formal criminal investigation into GlaxoSmithKline (GSK) and its “commercial practices”, understood to mean allegations of foreign bribery. Davi...
  • SFO finally brings first charges under UK Bribery Act
    • LexBlog United Kingdom
    In a press release on its website, the Serious Fraud Office (“SFO”) has announced that it has finally brought its first charges under the Bribery Act 2010. The bribery charges against the three ind...
    ...... against the three individuals are connected to a wider investigation into a suspected £23 million fraud at Sustainable AgroEnergy plc.  The ......
  • May Flowers for GSK? The Corruption Investigation Deepens
    • JD Supra United Kingdom
    April showers bring May flowers, at least that is the old truism. One place it is decidedly correct is at the RHS Chelsea Flower Show, which began its run as one of the, if not the greatest, annual...
  • The UK Serious Fraud Office (SFO) gets serious
    • LexBlog United Kingdom
    Reports suggest that the SFO is currently investigating and prosecuting serious allegations of complex fraud and corruption. The announcement this spring that the SFO had started an investigation i...
    ......The announcement this spring that the SFO had started an investigation into the Bank of England’s actions following the rigging rumours, (as ..., which saw Mr Lainé (the former Senior Vice President Ethics & Compliance and director of Alstom International Limited) become the ......
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