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
    • Court of Appeal (Civil Division)
    • 20 October 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.

  • 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 March 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.

  • 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:

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

  • Rao v General Medical Council
    • Privy Council
    • 09 December 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.

  • Habib Khan v General Pharmaceutical Council (Scotland)
    • Supreme Court (Scotland)
    • 14 December 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
  • The Medicines for Human Use (Clinical Trials) Regulations 2004
    • UK Non-devolved
    • January 01, 2004
    ... ... of a sponsor under Part 3 (authorisation for clinical trials and ethics committee opinion) and shall make the request for authorisation to conduct ... ...
  • The Medical Devices (Northern Ireland Protocol) Regulations 2021
    • UK Non-devolved
    • January 01, 2021
    ... ... “ethics committee” means a research ethics committee recognised or established ... 11. —(1) A sponsor proposing to conduct a clinical investigation of a device in Northern Ireland must apply to an ethics committee for an ... ...
  • The Pharmacy Order 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... , for example, by reference to any code of conduct for, and ethics relating to, pharmacy); ... (e) (e) to set standards and requirements in ... (e) (e) details of any relevant offence or relevant investigation ... (6) For the purposes of paragraph (5)(e)— ... (a) (a) a ... ...
  • Police (Northern Ireland) Act 2000
    • UK Non-devolved
    • January 01, 2000
    ... ... (iv) the effectiveness of the code of ethics issued under section 52;(e) make arrangements for obtaining the ... Act there shall be inserted—(58A) Steps to be taken after investigation – mediation.“(1) If the Ombudsman—(a) determines that a report made ... ...
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Books & Journal Articles
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Law Firm Commentaries
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