Recent & ongoing cases

• R (on the application of Fiona McBride) v Nursing and Midwifery Council; and
  R (on the application of Lynn Benn) v Nursing and Midwifery Council, Fiona McBride and Lynn Benn, backed by the Royal College of Nursing, are bringing judicial review proceedings against the NMC for excessive delay in the prosecution of fitness to practise proceedings. In both cases it took the NMC more than four years to investigate the allegations, after which the Investigating Committee decided that there was no case to answer in either case. The Claimants claim that the NMC breached Article 32(3) of the Nursing and Midwifery Order 2001, and Articles 6(1) and 8 of the European Convention on Human Rights. They are seeking declarations of the breaches and compensation.  Katrine Sawyer, instructed by Deborah Gilbert and Gary O'Reilly of the Royal College of Nursing, is acting for the Claimants.
• Khan v Solicitors Regulation Authority (DC, 20 May 2010), successfully appealed against a decision of the SRA to refuse to issue a certificate of satisfaction to a Pakistani Advocate applying for admission to the Roll, because of a failure to declare two driving convictions when applying to take the Qualified Lawyers Transfer Test. This was the first ever appeal under new legislation directing appeals of this nature to the High Court rather than the Master of the Rolls. 
• Saunders v Hearing Aid Council [2010] EWHC 629 (Admin), successfully appealed against an order for erasure from the register and costs on behalf of a hearing aid dispenser who had stored pornographic images on a work computer. The order for erasure was replaced with a six month suspension and the costs order was quashed entirely.
• NJ v Secretary of State for Health [2008], appeared at the Care Standards Tribunal for a care home manager who was appealing against a decision to prohibit him from working with vulnerable adults on the grounds that he had sexually assaulted a mentally handicapped adult in his care. The tribunal directed that NJ’s name should be removed from the POVA list.
• NMC v Stovold [2007], represented a psychiatric nurse whom it was alleged had an inappropriate relationship with a psychiatric patient over a period of several years. The patient alleged the relationship was a sexual relationship. No findings were made against the nurse in relations to this aspect of the case.
• Banerjeee v General Medical Council [2006], represented the applicant on his application for restoration to the Medical Register. The application was allowed without any requirement for the applicant to undergo a performance assessment.
• The Kingsway Hospital, Derby Inquest (Sir Richard Rougier sitting as the Deputy Coroner) [2005], represented the trust in an inquest where three nurses had been arrested on suspicion of murder, but were not subsequently charged, following the deaths of 26 patients with Alzheimer's Disease in a psychiatric hospital following the withdrawal of food and fluids shortly before their deaths.
• The GMC v Shipman Doctors [2004/5], successfully represented GPs and consultants before the GMC Fitness to Practice Panel arising out of criticisms made of them in The Shipman Inquiry Fourth and Fifth Reports.
• The Shipman Inquiry [2002-3], Phase 2 Stage 2, acted for four GPs who had signed Form C cremation certificates for Shipman and later for three consultants involved in the case of Ms. Renate Overton. Also instructed to appear on their behalf in Stage 4 of the Inquiry on whistle-blowing and disciplinary procedures.