Ian
Skeate

- Disciplinary hearings or registration problems in all areas but especially the GMC/GDC/NMC - Fitness-to-practice issues

QADER & OTHERS V ESURE SERVICES LIMITED [2015] EWHC B18 (TCC) (Current citation is wrong as this was an appeal in the County Court). Appeal as to whether Fixed Recoverable Costs apply to multi-track cases that started in the MOJ low value portal. Dr. G v GMC 2015 Dr. G, a foreign qualified doctor, had successfully completed IElLTS, PLAB 1 & 2 and applied for provisional registration with the GMC prior to starting her Foundation Year. However, she had been given a conditional discharge on 4 counts of falsely obtaining benefits under s.112 of the Social Security Administration Act 1992.  Despite there being considerable mitigating circumstances and her declaring this on her application the GMC refused her application on the grounds that her fitness to practice was impaired.  Ian handled all aspects of the appeal and successfully argued that the conditional discharges were not 'convictions' thus fatally undermining the Assistant Registrar's decision.  The GMC re-considered the decision without the need for an appeal hearing and granted Dr G provisional registration without conditions. R (on the application of JOANNA TRAFFORD) V BLACKPOOL BOROUGH COUNCIL [2014] EWHC 85 (Admin) A local authority's decision not to renew the lease of premises occupied by a firm of solicitors which represented claimants bringing claims against the local authority was vitiated by the improper exercise of discretion. The decision had not been based on a rational assessment of the relevant considerations, but had been motivated solely by retaliation against the tenant for perceived damage to the local authority's financial interests. BOWYER V KELLOGG BROWN & ROOT (UK) LIMITED (2014) (Unreported) High value PTSD case for a civilian electrical contractor embedded with the British Army in Iraq.  Issues included the application or otherwise of the Compensation Act 2006 as well as complex issues of duty of care for stress at work involving the interaction between the military and specialised sub-contractors in a war zone environment. Henry v Liverpool CC (2014) (Unreported) A further case where the Defendant's reliance on the Compensation Act 2006 to avoid a duty of care was successfully rebutted.  A school was held liable for failing to supervise a disabled pupil at a para-athlete event resulting in personal injury. Bombis & others v Schiff, Waddicor and Allianz, 2014 Preston County Court : 3 day trial of the same Claimant involved in 2 separate car crashes, each defended on the basis of fraud – each Defendant independently of the other claimed deliberate slam on and queried the identity of the Claimants alleging phantom passengers.  Both claims fully successful and all allegations of fraud dismissed. CHURCHILL CAR INSURANCE v VICTOR KELLY [2007] EWHC 18 (QB) Guidance on the effect on legitimate heads of claim of putting forward some dishonest heads. Counsel to GNER in the Selby Rail Disaster Inquest 2002.

- PIBA - PNBA - ELBA - Northern Circuit Medical Law Association