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.

    It was plain however from the outset that their decision on this point was going to depend upon inferences which it was open to them to make from agreed facts and on the Committee's assessment of the appellant's credibility. The issue was a relatively simple one, and all the appellant needed to know in order to decide what to do next was the decision which the Committee had reached upon it.

  • R v General Medical Council, ex parte Gee
    • Court of Appeal
    • 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
    • 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.

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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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