The Honourable Mr Justice Dove  EWHC 3286 (Admin) Bailii, Judiciary Medical Act 1983 41A(10) England and Wales Health Professions Updated: 06 January 2022; Ref: scu.670396
Appeal against decision of a Fitness to Practise Panel holding that the Appellant’s fitness to practise as a medical practitioner was impaired by reason of his misconduct. It directed that his name be erased from the Medical Register under section 35D of the Act. Acting as a locum at an AandE hospital attending a young … Continue reading TZ v General Medical Council: Admn 17 Apr 2015
Application to terminate an interim order of suspension made by the Interim Orders Panel of the Medical Practitioners Tribunal Service. Lang J  EWHC 847 (Admin) Bailii Medical Act 1983 41A England and Wales Health Professions Updated: 29 December 2021; Ref: scu.545008
The doctor sought to appeal against a suspension after criticism of his giving expert medical evidence. Lewis J  EWHC 3791 (Admin) Bailii Medical Act 1983 40 Health Professions Updated: 23 December 2021; Ref: scu.538720
Dr Adu challenged determinations made by a Fitness to Practise Panel of the Medical Practitioners Tribunal Service of the General Medical Council under s 35D of the 1983 Act. The FTPP, having heard evidence and submissions found that Dr Adu’s fitness to practise was impaired by reason of deficient professional performance and that, in consequence, … Continue reading Adu v General Medical Council: Admn 20 Jun 2014
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983
The appellant doctor had been suspended from practice by decision of the respondent. It was alleged that she had allowed her husband, himself a suspended practitioner to consult with patients in breach of that suspension. Having found the allegation proved, she had been suspended immediately, and without the opportunity to make representations. Although the rules … Continue reading Gupta v General Medical Council: Admn 17 Jul 2001
The Council sought an order extending an interim order imposing conditions on the respondent’s practise. Pelling QC  EWHC 3425 (Admin) Bailii Medical Act 1983 41A Health Professions Updated: 25 November 2021; Ref: scu.517498
Application for extension of interim order for conditions. Pelling QC HHJ  EWHC 3117 (Admin) Bailii Medical Act 1983 England and Wales Health Professions Updated: 22 November 2021; Ref: scu.516588
The doctor sought to challenge the extension of his suspension from practice. Held: It was inappropriate in such an application to challenge the findings of fact which had led to the initial suspension. If he wished to do that, he should seek judicial review of that decision. Arden LJ said: ‘the powers conferred by s.41A(10) … Continue reading General Medical Council (GMC) v Hiew: CA 30 Apr 2007
The doctor sought to end an order temporarily suspending his registration. He had been accused of dishonesty in his practice records, and of making false allegations against a fellow doctor. The suspension was pending the hearing. He was undergoing retraining, and said that the interim suspension would make it impossible to continue. Held: The appeal … Continue reading Bradshaw v General Medical Council: Admn 4 Jun 2010
The BMA sought to challenge the validity of the rules governing the procedure of Fitness to Practice panels. In particular the BMA challenged the new absence of a requirement that the panel’s legal advice and assistance be available to the parties. Held: The claim failed: ‘I am wholly unconvinced that a legally qualified chair has … Continue reading The British Medical Association, Regina (on the Application of) v The General Medical Council and Another: Admn 4 May 2016
Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983
depner_gmcEAT2013 EAT Race Discrimination : Discrimination By Other Bodies – The Employment Judge did not err in holding that the Employment Tribunal did not have jurisdiction to hear a doctor’s claims of discrimination and victimisation made under the Race Relations Act 1976. The claims were of her suspension from registration and imposition of immediate suspension … Continue reading Depner v General Medical Council: EAT 14 Feb 2013
No Doctor’s appeal out of time. The court was asked whether it had jurisdition to hear an appeal out of time against a suspension of the claimant medical practitioner from practice made on the basis that his fitness to practise was impaired by reason of misconduct and his adverse physical and mental healthHeld: The ourt … Continue reading El-Huseini v General Medical Council: Admn 23 Sep 2016
EAT Race Discrimination : DirectDetrimentDiscrimination by other bodiesAt a pre-hearing review an Employment Judge held that the Employment Tribunal had no jurisdiction to determine a doctor’s claims of race discrimination and harassment. She held that the Medical Act 1983 and judicial review provided ‘an appeal or proceedings in the nature of an appeal’ from such … Continue reading Uddin v General Medical Council and Others: EAT 14 Feb 2013
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was privileged. Held: Immunity given in a criminal court did not provide an excuse before a professional body … Continue reading General Medical Council v Professor Sir Roy Meadow, Attorney General: CA 26 Oct 2006
(The Health Committee of the GMC) The appellant challenged a decision of the respondent extending his suspension from the register for a further twelve months. He had been suspended against a finding that he did not have an appropriate insight into . .
The claimant suffered a congenital degenerative brain condition inevitably resulting in a future need to receive nutrition and hydration by artificial means. He was concerned that a decision might be taken by medical practitioners responsible for . .
(Professional Conduct Committee of the GMC) The doctor appealed an order striking him off the register for unprofessional conduct. He complained that the Committee had a majority of lay rather than professional members, one doctor having withdrawn . .
Nicol J considered the court’s jurisdiction under section 41A(10) and said: ‘Both parties agreed that the role of the Court was not confined to exercising a judicial review type jurisdiction. In other words, the power to terminate Dr Sandler’s . .
Correct approach to the role under section 35C)(2) of the Medical Act 1983. . .
Application for renewal of temporary suspension of doctor. . .
Application to extend doctor’s interim suspension order. . .
Claimants’ CPR Part 8 claim for a declaration (and associated injunctive relief) that the Defendant has no power to investigate the First Claimant pursuant to the Medical Act 1983 (‘the 1983 Act’), in circumstances in which the First Claimant, who . .
The applicant had been detained after a diagnosis of Bipolar Affective Disorder and convictions for rape. He had applied for discharge, but before the hearing the doctor had said he no longer opposed his release. After the hearing but before being . .
PC (The Professional Conduct Committee of the GMC) The doctor appealed a finding of serious professional misconduct. He sought to practice in a controversial field, the ‘andropause’. He accepted patients through . .
Challenge to suspension decision. . .
Appeal from order for erasure of name from register . .
Application by the General Medical Council for an order pursuant to section 41(a)(6) and (7) of the 1983 Act for an order extending an interim order of suspension by five months. . .
PC Professional Conduct Committee of the GMC. The applicant had been suspended from practice. He had been struck off in Australia, and moved to the UK to practice. The GMC sought to suspend him because of the . .
PC (The Professional Conduct Committee of the GMC) The appellant had applied to the Committee to be restored to the medical register. He was not represented. The committee had required him at the same time, to . .
The appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the . .
Doctor’s appeal against suspension from registration. . .
PC (The Committee on Professional Performance of the GMC) A complaint had been made against the doctor with regard to certain areas of his practice. The committee had ordered him to undergo assessments also of . .
(General Medical Council) The appellant appealed a finding of serious professional misconduct and his suspension from the medical register for twelve months. Over a nine day period despite prompts from the son, a daughter and two other health care . .
The doctor appealed findings of unprofessional misconduct in respect of three patients.
Held: The court could identify no error of law in the findings, and the committee had evidence before them to support the findings they had made. . .
The doctor appealed against a finding against him of professional misconduct in the form of a sexualised examination of a female patient.
Held: The reasons given were adequate, and the response of erasure from the register was the only one . .
Appeal against findings of serious professional misconduct. . .
Compulsory administration of treatment to detained mental patient. The court considered, but left open, the relationship between the ‘convincingly shown’ standard of proof, and the decision of the House of Lords in In re H as to the civil standard . .
The doctor complained of his suspension under fitness for practice rules. He had been found to have had a sexual relationship with a patient. He said that he should have been given opportunity to address the fault through remedial action.
The appellant consultant anaesthetist appealed against the decision of the respondent’s Fitness to Practice Panel to impose conditions on his registration.
Held: The appeal succeeded: ‘Any approach to the issue of whether a doctor’s fitness to . .
Two doctors appealed against the erasure of their names from the register by the Fitness to practice panel. . .
The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder.
Held: The evidence though mistaken was . .
The court heard an appeal against injunctions granted in an animal rights protest context against named Defendants on their own behalf and on behalf of other members of an unincorporated association.
Held: Appeal denied. Care had to be taken . .
The taxpayer was a barrister. To comply with Bar guidance on court dress, she wore, in court and in and to and from chambers black dresses, suits and shoes and white blouses. The clothing were perfectly ordinary articles suitable for everyday wear. . .
The defendant had been admitted to hospital under the 1983 Act and found to be pregnant. The doctors sought an order permitting an abortion. An order had been made, but the parties invited the court to say whether a court order was required at all. . .
Where a doctor sought to have lifted an extension to his suspension, the court should start from the position that the suspension was currently in place before deciding whether it needed altering. However, ‘The terms of subsection 10 indicate that . .
The claimant had been compulsorily detained under the Act. He complained that the detention and compulsory medication infringed his rights, and amongst other things breached his religious beliefs.
Held: This was an exceptional case requiring . .
Appeal from striking off of doctor. . .
(Professional Conduct Committee of the GMC) The doctor appealed a decision of the Council removing his name from the register. He was criticised in four cases of not attending patients at home. The question was whether removal was the appropriate . .
Decisions of the Professional Conduct Committee of the GMC should now be accompanied by explanations. Earlier practice of issuing a bare decision had been superseded by general practice in decision making bodies, and also by detailed rules governing . .
Deliberations of the professional conduct committee hearing a case of professional conduct were in the presence of an assessor who gave advice to the committee. After returning from deliberation the assessor described the advice given, and the . .
(Medical Act 1983) Discussions in camera by the professional conduct committee of the General Medical Council attracted public interest immunity and were not disclosable to the party before the council. . .
The General Medical Council is under a duty to give reasons for its decisions however short. Though no express duty is in the regulations under which it operates, the availability of an appeal on a point of law, implied the need to give reasons. . .
(Medical Act 1983) Dr Roylance was the chief executive of a hospital in which there had been excessive mortality rates of children who underwent cardiac surgery and had failed to take steps to deal with the problem.
Held: A doctor who carried . .
The appellant challenged a finding that it was responsible for the loss of medical equipment being transported from Tehran to the UK, and of failing to insure it as required, the contractual term exempting it from responsibility being an . .
The claimant said that the procedure of the fitness to practice panel was unfair in that representations had been accepted by the panel from an expert witness without him having an opportunity to challenge or comment on that evidence.
Held: . .
An Asian Doctor had repeatedly been refused full registration by the council. It was held that he could not bring a claim of indirect discrimination, because he had not exhausted his rights of appeal. An application for review under the Act gave . .
ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. . .
The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. . .
The court considered a request for permission to abort the pregnancy of a woman receiving treatment as an in-patient at a mental hospital: ‘Pregnant patients in psychiatric hospital are not unusual. The issue of the termination of pregnancies in . .
The court considered an application to lift the doctor’s suspension.
Held: Though a charge of money-laundering was not sufficient to justify suspension, the court also noted that no risk to members of the public had been identified from Dr . .
Miss Cox claimed that the Council had not made a proper adjustment so as to allow her to work for them despite her disability. The Council asserted as a preliminary point that they were not a trade organisation within the sections, and so were not . .
It was not necessary for doctors to apply to the court for a declaration authorising a sterilisation procedure for an inpatient in a mental hospital, if two medical practitioners are satisfied that (1) the procedure is necessary for therapeutic . .
The House was asked whether the grant of special vouchers under the special voucher scheme introduced came within section 29 of the 1975 Act. Acts performed pursuant to a government function did not come within the meaning of service. Discrimination . .
On registering a foreign doctor there is no test for comparison with an EU doctor. . .
Appeal from determination of Medical Practitioners Tribunal. The Tribunal had continued to hear the case in the doctor’s absence.
Held: The Tribunal had before it the facts and could determine the answer. . .
Doctor’s appeal from decision of Fitness to Practice Panel against both the finding of impairment and the sanction of erasure. . .
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
A seedsman sought to rely upon an exclusion clause preventing any claim by a purchaser by way of set off against its sales invoices. The House was asked whether a contractual term was ‘fair and reasonable’ within the meaning of section 55 of the . .
The doctor sought the temination of his conditional registration as a medical practitioner. . .
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The court was asked to prevent the disclosure by the respondent police service of information it had obtained unlawfully about the applicant doctor to the General Mediacl Council. Cox DBE J  EWHC 3810 (Admin) Bailii Medical Act 1983 35A Health Professions, Police Updated: 23 December 2021; Ref: scu.538782
Extension of Inquiries into Jury Room Activities The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use of … Continue reading Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004
PC (General Medical Council) The Doctor appealed a finding of gross professional misconduct. It was argued that the committee had failed to give proper to his explanations.
Held: The findings were justified . .
The appellant challenged a finding that her fitness to practice had been impaired by misconduct and the attachment of a conditions of practice order effective for six months.
Held: The Panel had applied the correct test. . .
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of … Continue reading Ashingdane v The United Kingdom: ECHR 28 May 1985
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005
The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending treatment in the community. She said that the Francis case was wrongly decided. Held: Her appeal failed. … Continue reading O, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Apr 2016
There had been a purported marriage in 1963 between a man and a male to female trans-sexual. Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the chromosomal, gonadal and genital tests. If all three are congruent, that … Continue reading Corbett v Corbett (otherwise Ashley): FD 1 Feb 1970
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social workers. Held: The names of the social workers had been withheld originally to protect the … Continue reading British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005