header-logo header-logo

04 June 2009
Issue: 7372 / Categories: Legal News , Profession
printer mail-detail

Southall loses appeal

Professional misconduct

Dr David Southall, the paediatrician whose expert evidence led to the wrongful conviction of solicitor Sally Clark, has lost his appeal against a decision to strike him off the medical register for serious professional misconduct.

In 2004, Southall was found guilty of abusing his professional position by accusing Stephen Clark of murdering his children on the basis of an interview Clark gave in a television documentary. Clark’s wife, Sally, was convicted of murder but cleared on appeal in 2003. She died in 2007.

In 2007, the Fitness to Practise Panel of the General Medical Council found Southall guilty of serious professional misconduct and directed that his name be erased from the register of medical practitioners.

The panel found that Southall had “deep seated attitudinal problems” and that his misconduct was so serious that it was “fundamentally incompatible” with his continuing in medical practice.

Southall appealed, contending that the panel was wrong to make certain findings of fact that were central to the conclusion of serious professional conduct and was wrong to impose erasure, the most severe sanction available.

Delivering judgment in Southall v General Medical Council [2009] EWHC 1155 (Admin), Mr Justice Blake said: “Dr Southall’s conduct was not a mere error of judgment in a challenging environment where there may have been few established principles for guidance. “Nor was this a one-off failure with respect to the treatment of parents whose conduct had come under scrutiny.

Issue: 7372 / Categories: Legal News , Profession
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll