Ethical reflections on the Ivey test for dishonesty and its implications for the professional regulation of doctors

Hughes, Jonathan

Abstract

This chapter explores the significance of the changed legal test for dishonesty arising from Ivey v. Genting Casinos (UK) Ltd. t/a Crockfords (2017) for the professional regulation of doctors. This is an important topic because dishonesty is a key consideration in tribunals’ assessment of doctors’ fitness to practise. The chapter assesses the extent to which the reasons for the Supreme Court’s adoption of the Ivey test in the criminal law apply to Medical Practitioner Tribunals (MPT), given their different functions and the different functions of dishonesty within them. It concludes that while an objective test based on the standards of ordinary people is preferable to a subjective test for the MPT, the justification and application of such a standard is less straightforward than in the criminal law.

Citation

Hughes, J. (in press). Ethical reflections on the Ivey test for dishonesty and its implications for the professional regulation of doctors. In Dishonesty, Liability and the Law: Exploring the Moral Importance of Context. Routledge. https://doi.org/10.4324/9781003470588

• Deposit Date: Apr 1, 2025
• Edition: 1st
• Book Title: Dishonesty, Liability and the Law: Exploring the Moral Importance of Context
• Chapter Number: 10
• ISBN: 9781032726939
• DOI: https://doi.org/10.4324/9781003470588
• Public URL: https://keele-repository.worktribe.com/output/1144362
• Publisher URL: https://www.taylorfrancis.com/books/edit/10.4324/9781003470588/dishonesty-liability-law-sotirios-santatzoglou-martin-wasik-anthony-wrigley