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Scotland Case Law

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Administrative law

RA against Scottish Social Services Council

The sheriff refused a statutory appeal against a fitness to practise decision, holding that adjournment and absence complaints failed, and that evidential errors did not vitiate the result.

  • Fitness to practise
  • Adjournment
  • Hearing in absence
  • Witness evidence
  • Reasons for decision
  • Fair hearing
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Medical law [2024] CSIH 27

Appeal by Dr Muhammad Rashid Masood against the GMC (Court of Session)

Appeal by Dr Muhammad Rashid Masood against the GMC (Court of Session) [2024] CSIH 27 (17 September 2024)

The Inner House refused a doctor’s appeal against erasure from the medical register, upholding findings of domestic abuse, interference with GMC proceedings, and impairment.

  • Fitness to practise
  • Serious misconduct
  • Domestic abuse
  • Professional standards
  • Sanctions
  • Tribunal appeals
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Professional regulation [2024] ScotSAC Civ 23

MF v SCOTTISH SOCIAL SERVICES COUNCIL

MF v SCOTTISH SOCIAL SERVICES COUNCIL [2024] ScotSAC Civ 23 (27 May 2024)

The Sheriff Appeal Court dismissed MF’s appeal, holding that the Scottish Social Services Council’s decision to remove the appellant from the register was lawful, proportionate, and procedurally fair.

  • Disciplinary proceedings
  • Fitness to practise
  • Appeal procedure
  • Disciplinary-proceedings
  • Fitness-to-practise
  • Appeal-procedure
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Medical regulation [2024] ScotCS CSIH_4

IB AGAINST THE GENERAL MEDICAL COUNCIL

IB AGAINST THE GENERAL MEDICAL COUNCIL [2024] ScotCS CSIH_4 (01 February 2024)

The Inner House refused a doctor’s reclaiming motion and upheld an extension of interim suspension pending terrorism charges, citing public confidence and proportionality.

  • Fitness to practise
  • Interim suspension
  • Public confidence
  • Proportionality
  • Terrorism charges
  • Interim-suspension
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Medical law [2023] ScotCS CSOH_54

THE GENERAL MEDICAL COUNCIL FOR EXTENSION IN TERMS OF THE MEDICAL ACT 1983, SECTION 41A(6) AND (7), OF AN INTERIM ORDER IN RESPECT OF B

THE GENERAL MEDICAL COUNCIL FOR EXTENSION IN TERMS OF THE MEDICAL ACT 1983, SECTION 41A(6) AND (7), OF AN INTERIM ORDER IN RESPECT OF B [2023] ScotCS CSOH_54 (18 August 2023)

The Court of Session extended a GMC interim suspension order against a doctor facing serious terrorism-related charges, finding the extension proportionate and in the public interest.

  • Interim suspension orders
  • Public interest
  • Proportionality
  • Fitness to practise
  • Judicial review
  • Human rights (article 6 echr)
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Administrative law [2023] ScotCS CSOH_52

SM FOR JUDICIAL REVIEW OF A DECISION OF THE SENATE FITNESS TO PRACTISE APPEAL COMMITTEE OF A SCOTTISH UNIVERSITY INTIMATED TO THE PETITIONER OF 13 JANUARY 2023

SM FOR JUDICIAL REVIEW OF A DECISION OF THE SENATE FITNESS TO PRACTISE APPEAL COMMITTEE OF A SCOTTISH UNIVERSITY INTIMATED TO THE PETITIONER OF 13 JANUARY 2023 [2023] ScotCS CSOH_52 (15 August 2023)

Court of Session refused judicial review of a dental student's exclusion, holding the university's fitness to practise process was fair and lawful.

  • Procedural fairness
  • Natural justice
  • Fitness to practise
  • Judicial review
  • University disciplinary procedures
  • Judicial-review
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Medical regulation [2023] ScotCS CSIH_13

DR MINA MOHIUL MAQSUD-CHOWDHURY AGAINST THE GENERAL MEDICAL COUNCIL

DR MINA MOHIUL MAQSUD-CHOWDHURY AGAINST THE GENERAL MEDICAL COUNCIL [2023] ScotCS CSIH_13 (14 March 2023)

The Inner House refused an appeal by a doctor erased from the medical register, holding that a later autism diagnosis was not fresh evidence material enough to reopen the Tribunal’s factual findings.

  • Fitness to practise
  • Fresh evidence
  • Autism spectrum disorder
  • Credibility assessment
  • Sanction
  • Res noviter veniens ad notitiam
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Professional discipline [2022] ScotCS CSIH_47

APPEAL BY SW AGAINST A DECISION OF THE HEALTH AND CARE PROFESSIONS TRIBUNAL

APPEAL BY SW AGAINST A DECISION OF THE HEALTH AND CARE PROFESSIONS TRIBUNAL [2022] ScotCS CSIH_47 (18 October 2022)

The Inner House upheld a 12-month suspension imposed on a counselling psychologist for serious boundary breaches and an inappropriate relationship with a former service user.

  • Fitness to practise
  • Professional misconduct
  • Sanctions policy
  • Appeal procedure
  • Professional-discipline
  • Fitness-to-practise
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Medical law [2022] ScotCS CSIH_44

RECLAIMING MOTION BY K AGAINST GENERAL MEDICAL COUNCIL

RECLAIMING MOTION BY K AGAINST GENERAL MEDICAL COUNCIL [2022] ScotCS CSIH_44 (27 September 2022)

The Inner House held that conditions on a doctor’s registration should not be extended after his acquittal, because the public-interest threshold and proportionality test were not met.

  • Interim orders
  • Fitness to practise
  • Proportionality
  • Public interest
  • Extension of conditions
  • Medical practitioners regulation
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Medical regulation [2022] ScotCS CSIH_38

IB AGAINST THE GENERAL MEDICAL COUNCIL

IB AGAINST THE GENERAL MEDICAL COUNCIL [2022] ScotCS CSIH_38 (24 August 2022)

The Court of Session extended an interim GMC suspension for a doctor facing very serious terrorism-related charges, holding public confidence required continued suspension.

  • Interim suspension
  • Fitness to practise
  • Public confidence
  • Proportionality
  • Terrorism charges
  • Interim-suspension
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.