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High court confirms Ghosh direction not needed in all cases

The High Court has recently confirmed that the Ghosh dCirection need not be given in all regulatory cases involving dishonesty. The rule was set out by Mr Justice Singh in Uddin v GMC and reaffirmed in George v NMC this week. Nichol J confirmed that the advice given by the Legal Assessor that the defence did not involve the registrant saying 'I did not regard what I was doing would be regarded as honest by honest and reasonable nurses' was correct on the facts of this case.

There has been a great deal of judicial discussion around the use of the Ghosh test in regulatory proceedings - see for example Mostyn J in Kirshner v GDC and Edis J in Dowson v GMC but many panelists are still under the mistaken belief that this is the standard direction in all cases.

For any advice and assistance for issues like these please do call Jeremy on 0844 2722322 or submit a comment below. Jeremy will come back to you at the earliest convenience.

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