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03 February 2012 / James Penry-davey
Issue: 7499 / Categories: Features , Health & safety , Regulatory
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Open wide?

When does public interest trump patient consent, asks James Penry-Davey

The core function of a healthcare regulator is to protect patients and the public; where necessary, this involves taking action against practitioners who may be unfit to practise, whether through ill health, misconduct or a criminal conviction. In order to enable regulatory bodies to investigate complaints about practitioners, Parliament has given most regulators broad powers to compel the disclosure to them of information and documents.

For example, under s 33B of the Dentists Act 1984 (DA 1984), the General Dental Council (GDC) can require any person (other than the person in respect of whom the information or document is sought) to supply information or produce any document which appears to be relevant to the discharge of the GDC’s fitness to practise functions, and may apply to the court for an order requiring its supply or production. Similar powers are available to other healthcare regulators such as the

General Medical Council.

What happens where the information or document obtained is a patient record? Some

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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