Background This appeal concerns the question of whether the Royal Borough acted unlawfully in seeking to amend Ms McDonald’s care package by substituting her night time carer with provision of incontinence pads or absorbent sheets when Ms McDonald was not in fact incontinent. This case shows how cruel ill health can be. Some 30 years ago Ms McDonald was the prima ballerina of Scottish Ballet. In 1999 Ms McDonald suffered a stroke leaving her with severel ...
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Petition for Judicial Review:- The petitioners, Lloyds Pharmacy Ltd, averred that Lanarkshire Health Board’s decision to refuse their application for a minor relocation of their pharmacy under Regulation 5(1) of National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009, was unlawful and unreasonable. They additionally sought reduction of that decision. Following a proposed relocation of general practitioner medical practices in Carluke, the petitioner, and a nearby co ...
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This cause was remitted from Perth Sheriff Court and raised important questions concerning the Community Care and Health (Scotland) Act 2002. It was submitted on behalf of the pursuer that a range of services provided by the defenders to him and to his late wife should have been provided free of charge by virtue of the provision of the 2002 Act and the pursuer sought reimbursement of the charges paid. It was submitted on behalf of the defenders that certain of the services were properly chargeab ...
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GMC Proceedings. In the circumstances, the GMC had not owed a duty of fairness to the Singapore Medical Council in deciding not to pursue a charge against a GMC-registered doctor who had been found guilty of professional misconduct in Singapore.
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Confidentiality Assurances not absolute. Assurances of confidentiality of medical records given to patients by the General Medical Council when it was investigating serious criticisms of a doctor could not be regarded as absolute, since, as well as being subject to the Civil Procedure Rules 1998 and their implementation by the court, the assurances might be subject to overriding requirements that other considerations be given priority, the matter being determined by where the interests of justi ...
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A clinical scientist's fitness to practise was clearly impaired by reason of lack of competence where the evidence showed a substantial number of errors across a broad area, concerning different topics and over a considerable period of time. It was clear from the evidence that those were serious errors, and assessments had revealed a serious lack of knowledge.
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Unlawful decision to close two inpatient wards. The decision of the defendant NHS trust to close two inpatient wards in a hospital that it ran was unlawful as the decision had been reached without any public consultation in breach of the Health and Social Care Act 2001 s.11.
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Statutory duty to consult patients. A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount to an alternative remedy such as to deny a claimant relief in judicial review proceedings.
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A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount to an alternative remedy such as to deny a claimant relief in judicial review proceedings.
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The Medical Defence Union was not amenable to judicial review. It could neither be said to be a "public body" nor did it exercise a "public function" in a respect that affected the claimant.
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