Thursday, 12 November 2009

[2009] EWCA Civ 789 - Dr Kunal Kulkarni v. Milton Keynes Hospital NHS Foundation Trust

The judgment for this case can be downloaded here.

The summary of this case according to Old Square Chambers is as follows

The Court of Appeal today handed down judgment in the case of Dr Kunal Kulkarni v. Milton Keynes Hospital NHS Foundation Trust. Dr Kulkarni was successfully represented by Mr Jonathan Davies led by John Hendy QC, both of Old Square Chambers.

The judgment was highly significant for two reasons:

· it establishes that doctors and dentists employed by the National Health Service are entitled to legal representation at internal disciplinary hearings to determine serious disciplinary charges made against them;

· it strongly suggests (albeit obiter) in relation to all employees of public bodies that internal disciplinary proceedings which may result in dismissal in circumstances where, as a direct consequence of that dismissal the dismissed employee is effectively prevented from ever practising his profession again, must comply with Article 6 of the European Convention of Human Rights.

Read the full article here.


Anonymous said...

Certainly the most important case argued since MHPS in 2005. Any doctor facing a capability hearing - and there will be many as the money runs out - needs an employment lawyer (not BMA) and have access to Hendy's opinion ASAP.

Hendy QC is one of the few consistent supporters of doctors. Many in the legal profession, act like hyenas over a carcase. Some Internet culling of hyenas might be helpful.

Anonymous said...

Well done to Dr Kulkarni. I hope he is OK.

sb said...

From my experience , many lawyers are there as long as the money keeps flowing in. When the money runs out, their support runs out too! They make no bones about it.Three cheers for Hendy QC. Imagine if a doctor did the same - all hell would break lose.

Anonymous said...

Just goes to show how vulnerable doctors are - the most maligned profession if there ever was one. Just one allegation is all it takes and your lifetimes' toil is in smoke before your very eyes !! The last people to stand by you will be members of your profession.Good luck to Dr.Kulkani.

Anonymous said...

The real issue is that many junior doctors in Kulkarni's (who I know personally) position (2 independant accusations of sexual assault) won't be lucky enough to get their union to fund top lawyers whatever the law says, as their support is discretionary. Eg The very similar case of Sarfraz- flimsy advice from union, no lawyer, no appeal to high court, jumior struck off register. Kulkarni was suppoted to the hilt only cos who his dad is.

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