England and Wales Case Law

David, R (On the Application Of) v Healthcare Professionals Council

David, R (On the Application Of) v Healthcare Professionals Council [2015] EWHC 4082 (Admin) (19 November 2015)

High Court upheld a striking-off order against a social worker for repeated dishonesty, finding the HCPC panel had not erred and that the sanction was proportionate.

• Sanctions for professional misconduct
• Dishonesty in regulated professions
• Appeals from disciplinary tribunals
• Costs in statutory appeals
• Professional-discipline
• Dishonesty

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David, R (On the Application Of) v Healthcare Professionals Council

Administrative Court upheld a striking-off order against a social worker for serious dishonesty, finding the panel’s sanction proportionate and dismissing the appeal.

• Dishonesty
• Fitness to practise
• Sanctions
• Costs in statutory appeals
• Professional-discipline
• Fitness-to-practise

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Stevenson v General Optical Council

The High Court held Stevenson’s statutory appeal against the General Optical Council was filed one day late and refused to extend time in the absence of exceptional circumstances.

• Time limits for appeals
• Extension of time
• Exceptional circumstances
• Article 6 echr compliance
• Costs in statutory appeals
• Administrative-law

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Khan v General Medical Council

Appeal dismissed against GMC erasure for dishonest prescription fraud, with indemnity costs awarded and permission to appeal refused.

• Dishonesty by medical practitioners
• Erasure from medical register
• Appeals against gmc decisions
• Sanctions for professional misconduct
• Costs in statutory appeals
• Medical-professional-discipline

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Gbidi v Nursing And Midwifery Council

Gbidi v Nursing And Midwifery Council [2015] EWHC 237 (Admin) (20 January 2015)

The High Court dismissed Ms Gbidi’s appeal against an NMC caution, upholding a finding of dishonesty in a job application and awarding reduced costs.

• Dishonesty in professional applications
• Sanctions for professional misconduct
• Costs in statutory appeals
• Professional-discipline
• Dishonesty
• Statutory-appeals

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Kibe, R (on the application of) v Nursing and Midwifery Council

Appeal dismissed against findings of dishonesty, impairment, and striking off for a nurse who failed to disclose prior employment and dismissal.

• Dishonesty in job applications
• Fitness to practise
• Professional misconduct
• Sanctions in professional discipline
• Costs in statutory appeals
• Professional-discipline

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AL (Albania) & Ors v Secretary of State for the Home Department

The Court of Appeal held that appellants who obtained remittal or a grant of status by consent in Upper Tribunal immigration appeals were ordinarily entitled to costs.

• Costs in statutory appeals
• Costs in settled appeals
• Identification of successful party
• Application of cpr 44.3
• Remittal
• Legal aid

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AL (Albania) & Ors v Secretary of State for the Home Department

AL (Albania) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 710 (30 May 2012)

The Court of Appeal held that successful appellants in settled statutory appeals from the Upper Tribunal will usually get their costs under CPR 44.3, absent special reasons.

• Costs in statutory appeals
• Costs orders on consent disposal
• Successful party identification
• Application of cpr 44.3
• Distinction between statutory appeals and judicial review
• Immigration-law

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Preedy v General Optical Council

Preedy v General Optical Council [2012] EWHC 1316 (Admin) (24 April 2012)

The High Court dismissed Preedy’s appeal against erasure from the General Optical Council register, upholding the refusal to adjourn and the sanction.

• Fitness to practise
• Fraud convictions
• Adjournment of disciplinary proceedings
• Sanction of erasure
• Costs in statutory appeals
• Professional-discipline

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Waltham Forest v Maloba

The Court of Appeal held that homelessness under section 175(3) requires considering whether it is reasonable to expect the applicant to occupy available accommodation, including personal circumstances and location.

• Homelessness
• Statutory interpretation
• Reasonableness of accommodation
• Costs in statutory appeals
• Housing-act-1996
• Statutory-interpretation

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