Mary Cascioli v Nursing and Midwifery Council

Appellate jurisdiction is a rehearing, allowing the court to substitute its decision for the tribunal's.

Sastry and Okpara v General Medical Council [2021] EWCA Civ 623

The court will interfere with findings of fact only if plainly wrong, unreasonable, or unsupported by evidence.

Casey v General Medical Council [2011] NIQB 95; R (Dutta) v General Medical Council [2020] EWHC 1974 (Admin); Perry v Raleys Solicitors [2019] UKSC 5

Decisions on evidence weight are for the fact-finder, unless no reasonable tribunal could reach it.

Martin v Solicitors Regulation Authority [2020] EWHC 3525 (Admin)

Appellate courts exercise secondary judgment on professional conduct, deferring to professional bodies but not excessively.

Cheatle v General Medical Council [2009] EWHC 645; Sastry

Impairment considers present risk and upholding professional standards and public confidence.

CHRE v NMC and Grant [2011] EWHC 927 (Admin)

Sanction must be appropriate, necessary in public interest, and not excessive or disproportionate.

Sastry

Rejected defenses of dishonesty must be assessed fairly, considering if they unfairly count against the accused.

Sawati General Medical Council [2022] EWHC 283 (Admin)

Matters outside charges are admissible for impairment or sanction if relevant and fair.

Kearsey v Nursing and Midwifery Council [2016] EWHC 1603 (Admin)

The test for dishonesty is the Ivey test.

Ivey v Genting Casinos [2017] 3 WLR 1212