Application for renewal of temporary suspension of doctor. Citations: [2007] EWHC 1031 (Admin) Links: Bailii Statutes: Medical Act 1983 41A(7) Jurisdiction: England and Wales Health Professions Updated: 09 December 2022; Ref: scu.252392
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 is both a registered medical practitioner and a solicitor, was acting in his capacity as … Continue reading Ogunsanya and Another v General Medical Council: QBD 11 Jun 2020
Application to extend doctor’s interim suspension order. Citations: [2007] EWHC 1930 (Admin) Links: Bailii Statutes: Medical Act 1983 41A(6) Jurisdiction: England and Wales Health Professions Updated: 05 December 2022; Ref: scu.258797
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 released the detention was re-instated, and the patient again complained at proposals to treat … Continue reading B, Regina (on the Application Of) v SS (Responsible Medical Officer) and others: CA 26 Jan 2006
Judges: Crane J Citations: [2006] EWHC 3025 (Admin) Links: Bailii Statutes: Medical Act 1983 41A Jurisdiction: England and Wales Cited by: See Also – Sheill v The General Medical Council Admn 4-Dec-2008 . .Cited – Bradshaw v General Medical Council Admn 4-Jun-2010 The doctor sought to end an order temporarily suspending his registration. He had … Continue reading General Medical Council v Sheill: Admn 30 Nov 2006
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 his web-site, and gave advice. A patient was also being treated by another GP, who disagreed with the diagnosis. Complaint was made that he … Continue reading Dr Carruthers v The General Medical Council: PC 3 Jun 2003
Appeal from order for erasure of name from register Judges: Mr Justice Julian Knowles Citations: [2021] EWHC 877 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: 20 November 2022; Ref: scu.661945
Challenge to suspension decision. Judges: Davis J Citations: [2008] EWHC 998 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: 19 November 2022; Ref: scu.267577
The doctor sought the temination of his conditional registration as a medical practitioner. Judges: Andrew Gilbart QC Citations: [2013] EWHC 860 (Admin) Links: Bailii Statutes: Medical Act 1983 Citing: Applied – General Medical Council (GMC) v Hiew CA 30-Apr-2007 The doctor sought to challenge the extension of his suspension from practice. Held: It was inappropriate … Continue reading Dr EY v General Medical Council: Admn 15 Apr 2013
Judges: Mr Justice Fordham Citations: [2022] EWHC 2743 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: 12 November 2022; Ref: scu.682331
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. Judges: Hickinbottom J Citations: [2012] EWHC 2078 (Admin) Links: Bailii Statutes: Medical Act 1983 41 Health Professions Updated: 04 November 2022; Ref: scu.463355
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 findings in Australia. After his initial suspension new procedures came in, and an interim order was made imposing … Continue reading Dr Marinovich v The General Medical Council: PC 24 Jun 2002
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 present his application, and also to make representations as to why he should not be prevented from making further … Continue reading Dr Adil Mahmud Raji v The General Medical Council: PC 19 Mar 2003
Appeal under section 40 of the Medical Act 1983 from a decision of a fitness to practice panel (FPP) of the Medical Practitioners Tribunal Service (MPTS) to impose a sanction of erasure from the medical register of the appellant. Judges: Mrs Justice Patterson Citations: [2014] EWHC 1664 (Admin) Links: Bailii Jurisdiction: England and Wales Health … Continue reading Fernando v General Medical Council: Admn 21 May 2014
Judges: The Honourable Mr Justice Julian Knowles Citations: [2019] EWHC 2625 (Admin) Links: Bailii Statutes: Medical Act 1983 2 Jurisdiction: England and Wales Health Professions Updated: 15 October 2022; Ref: scu.642711
Judges: Girvan LJ Citations: [2011] NIQB 133 Links: Bailii Statutes: Medical Act 1983 Northern Ireland, Health Professions Updated: 05 October 2022; Ref: scu.451649
Judges: Nicola Davies J DBE Citations: [2010] EWHC 2558 (Admin) Links: Bailii Statutes: Medical Act 1983 41A(10) Jurisdiction: England and Wales Cited by: See Also – Jooste v General Medical Council and Others EAT 4-Jul-2012 EAT RACE DISCRIMINATION – IndirectPRACTICE AND PROCEDUREAppellate jurisdiction/reasons/Burns-BarkeCostsThe Employment Judge correctly struck out the Claimant’s claims as having no . … Continue reading Jooste v General Medical Council: Admn 19 Oct 2010
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 Medical Act 1983 was refused by the GMC. He then applied to the Review Board for Overseas Qualified … Continue reading Khan v General Medical Council: CA 11 Apr 1994
Judges: Graham Wood QC Citations: [2013] EWHC 525 (Admin) Links: Bailii Statutes: Medical Act 1983 41A Jurisdiction: England and Wales Health Professions Updated: 13 September 2022; Ref: scu.471756
Doctor’s appeal against suspension from registration. Judges: Lloyd Jones J Citations: [2011] EWHC 782 (Admin) Links: Bailii Statutes: Medical Act 1983 Jurisdiction: England and Wales Health Professions Updated: 04 September 2022; Ref: scu.431594
Judges: Lloyd Jones J Citations: [2011] EWHC 327 (Admin) Links: Bailii Statutes: Medical Act 1983 40 30D(2) Health Professions Updated: 03 September 2022; Ref: scu.430084
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 other areas of his practice. Held: Krippendorf should not be read to restrict the Committee to ordering assessments only in … Continue reading Dr Qureshi v The General Medical Council: PC 14 Jul 2003
(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 professionals, the appellant failed to ensure that the patient received suitable or prompt medical attention. The … Continue reading Dr Silver v The General Medical Council: PC 14 Apr 2003
Judges: The Honourable Sir Michael Turner Citations: [2004] EWHC 1372 (QB) Links: Bailii Statutes: Civil Liability Act 1978 Jurisdiction: England and Wales Citing: Cited – Morris v West Hartlepool Steam Navigation HL 1956 The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around … Continue reading AB and others v British Coal Corporation and Coal Mining Contractor Defendants: QBD 22 Jun 2004
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. Judges: The Honourable Mr Justice Wall Citations: [2003] EWHC 2342 (Admin) Links: Bailii Statutes: Medical Act 1983 … Continue reading Biswas v General Medical Council: Admn 16 Oct 2003
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 appropriate in the circumstances. The appeal failed. Judges: Burnett J Citations: [2008] EWHC 2830 (Admin) … Continue reading Mubarak v General Medical Council: Admn 20 Nov 2008
Appeal against findings of serious professional misconduct. Judges: Foskett J Citations: [2008] EWHC 1025 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: 22 August 2022; Ref: scu.267580
Citations: [2003] EWHC 3200 (Admin) Links: Bailii Statutes: Medical Act 1983 40(1)(aa) Jurisdiction: England and Wales Health Professions Updated: 03 August 2022; Ref: scu.191224
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 of proof in English law. He proceeded on the basis of the ‘convincingly shown’ standard, … Continue reading B v Responsible Medical Officer, Broadmoor Hospital, Dr SS and others: Admn 8 Sep 2005
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. Held: Remedial assistance may be of assistance on matters such as clinical errors of lack … Continue reading Yeong v General Medical Council: Admn 28 Jul 2009
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 practice should be regarded as ‘impaired’ must take account of ‘the need to protect the individual patient, and the … Continue reading Cohen v General Medical Council: Admn 19 Mar 2008
Citations: [2007] EWHC 2918 (Admin) Links: Bailii Statutes: Medical Act 1983 Health Professions Updated: 12 July 2022; Ref: scu.261930
Two doctors appealed against the erasure of their names from the register by the Fitness to practice panel. Judges: Chadwick, Las LJJ, Sir Peter Gibson Citations: [2007] EWCA Civ 46 Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Citing: Cited – Gupta v The General Medical Council PC 18-Dec-2001 (The Health Committee … Continue reading Fatnani and Another v General Medical Council: CA 15 Jan 2007
(The Health Committee of the GMC) The GMC had decided that the registration of the appellant in the register of medical practitioners should remain suspended indefinitely as her fitness to practise had been found to be seriously impaired. She appealed. Held: The Act limited the jurisdiction of the Council under the Act to appeals on … Continue reading Dr Stefan v The General Medical Council (The Health Committee of the GMC) (No 2): PC 6 Mar 2002
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 given in good faith and the penalty was disproportionate and was set aside. The evidence which had … Continue reading Meadow v General Medical Council: Admn 17 Feb 2006
(The Health Committee of the GMC) The doctor appealed an order extending his suspension from the medical register for a further period of twelve months. They considered that because of his continuing alcohol problems, he was not fit to practice. He had not complied with requests to be medically examined. When he later co-operated, he … Continue reading Dr Anjaneyulu v The General Medical Council (Appeal No 49 of 2001): PC 19 Dec 2001
The appellant doctor had practised in plastic and related surgery, particularly liposuction. The complaints against him related to a failure to supervise his staff, wrongful delegation, and lack of care. His name had been erased from the register, rather than suspended. He appealed. Held: The jurisdiction of the Council is appellate rather than supervisory. The … Continue reading Dr Norton v The General Medical Council: PC 11 Feb 2002
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 against abuse, but that where a number of unidentified persons were causing injury and damage by … Continue reading M. Michaels (Furriers) Limited v Askew and Others: CA 25 Jun 1983
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. But for her professional requirements she would have not purchased those clothes. She … Continue reading Mallalieu v Drummond: HL 27 Jul 1983
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 appeal to the Court is a full appeal, that is to say, the Court … Continue reading Walker, Regina (on the Application of) v General Medical Council: Admn 15 Aug 2003
Appeal from striking off of doctor. Judges: Lord Nicholls of Birkenhead, Lord Millett, Sir Paul Kennedy Citations: [2000] UKPC 15, Appeal No 64 of 1999 Links: Bailii, PC, PC Statutes: Medical Act 1983 Jurisdiction: England and Wales Health Professions Updated: 06 June 2022; Ref: scu.174652
(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 remedy. In this case removal was inappropriate. Held: The council had failed to take account … Continue reading Dr Hossain v The General Medical Council: PC 2 Oct 2001
Citations: Appeal No 50 of 1998, [1999] UKPC 5 Links: Bailii, PC, PC, PC Statutes: Medical Act 1983 Jurisdiction: England and Wales Health Professions Updated: 04 June 2022; Ref: scu.163161
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 chairman announced his decision. Held: This infringed the right under article 8 of the doctor to a fair … Continue reading Nwabueze v General Medical Council: PC 6 Apr 2000
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 the practice of the committee. Fairness required reasons to be given so that the disciplined doctor could … Continue reading Dr Gnanapragasam Anton Joseph Selvanathan v The General Medical Council: PC 11 Oct 2000
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. Citations: Times 11-Mar-1999, (Appeal No 16 of 1998), [1999] UKPC 10 … Continue reading Dr Marta Stefan v The General Medical Council: PC 8 Mar 1999
(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 out purely administrative functions within a hospital still had a doctor’s duties and … Continue reading Roylance v The General Medical Council (No 2): PC 24 Mar 1999
Citations: [1999] UKPC 18, (Appeal No 65 of 1998) Links: Bailii, PC, PC, PC Statutes: Medical Act 1983 Health Professions Updated: 01 June 2022; Ref: scu.159350
(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. Judges: Lord Clyde Citations: Times 27-Jan-1999, [1999] UKPC 3, [2000] 1 AC 311 Links: Bailii, PC Jurisdiction: England and Wales Cited by: Cited – Regina … Continue reading Dr John Roylance v The General Medical Council Oral judgment upon petition: PC 19 Jan 1999
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 unreasonable one under the Act, since the obligations imposed on the respectve parties were imbalanced. Held: … Continue reading Overseas Medical Supplies Limited v Orient Transport Services Limited: CA 20 May 1999
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: Any advice accepted by the tribunal must allow for submissions from the parties. The appeal … Continue reading Watson v General Medical Council: Admn 26 Aug 2005
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 sufficient opportunity of redress being by way of an independent hearing capable of … Continue reading Khan v General Medical Council: EAT 24 Mar 1993
ECHR Judgment (Just Satisfaction) – Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings. Citations: 7496/76, 7299/75 Statutes: European Convention on Human Rights 6 Citing: See Also – Le Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981 Hudoc The Court was … Continue reading Albert And Le Compte v Belgium: ECHR 24 Oct 1983
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. In his absence the Appeals Council rejected his case and substituted for the two year suspension a direction to … Continue reading Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983
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 such circumstances must arise frequently. It seems to me essential that each hospital should have a … Continue reading Re SS (an adult: medical treatment): 2002
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 Sosanya continuing in practice. In considering the view taken by the IPO, ‘deference must not be … Continue reading Regina (On the Application of Sosanya) v General Medical Council: Admn 2009
Citations: [2006] EWHC 570 (Admin) Links: Bailii Statutes: Medical Act 1983 41A(6) Jurisdiction: England and Wales Health Professions Updated: 04 May 2022; Ref: scu.240061
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 laws did not apply to acts done on behalf of the Crown which were of … Continue reading Regina v Entry Clearance Officer, Bombay, Ex parte Amin: HL 1983
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 purposes, (2) the procedure is in the best interests of the patient, and (3) there is … Continue reading Re GF (medical treatment): FD 1992
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 caught by the provisions. They appealed a finding against them. … Continue reading General Medical Council v H Cox: EAT 22 Mar 2002
On registering a foreign doctor there is no test for comparison with an EU doctor. Citations: Times 31-Oct-1995 Statutes: Medical Act 1983 25 Jurisdiction: England and Wales Citing: Appeal from – Regina v General Medical Council Ex Parte Virik QBD 17-Feb-1995 the General Medical Council may not impose a higher standard on foreign doctors for … Continue reading Regina v General Medical Council Ex Parte Virik: CA 31 Oct 1995
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 Sale of Goods Act 1979. Held: Where a tribunal applies a … Continue reading George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd: HL 1983
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. Judges: Lang DBE J Citations: [2017] EWHC 1396 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: … Continue reading Nduka v General Medical Council: Admn 15 Jun 2017
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 attendance of the doctors to allow the testing of their evidence. The administration of anti-psychotic medication to PS would not … Continue reading PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others: Admn 10 Oct 2003
Doctor’s appeal from decision of Fitness to Practice Panel against both the finding of impairment and the sanction of erasure. Judges: Mostyn J Citations: [2015] EWHC 301 (Admin) Links: Bailii Statutes: Medical Act 1983 40 Jurisdiction: England and Wales Health Professions Updated: 29 March 2022; Ref: scu.593098
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. Held: Where there is any doubt as to either capacity … Continue reading An NHS Trust v D (Medical Treatment: Consent: Termination): FD 28 Nov 2003
The Honourable Mr Justice Dove [2021] 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 [2015] 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 [2014] 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 [2013] 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 [2013] 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. . .
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Citations: [2007] EWHC 2972 (Admin) Links: Bailii Statutes: Medical Act 1983 41A Jurisdiction: England and Wales Cited by: See also – Shiekh v The General Dental Council Admn 16-Jan-2009 The dentist had been accused of participating in a fraud involving making false claims for travel expenses. Held: The allegation was insufficient to justify suspension of … Continue reading Shiekh, Regina (On the Application of) v General Dental Council: Admn 9 Nov 2007
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. Judges: Wyn Williams J Citations: [2013] EWHC 696 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 21 Citing: … Continue reading Harford v The Nursing and Midwifery Council: Admn 10 Apr 2013
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 [2014] 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 . .
For civil patients, it matters a great deal whether the classification of their condition is ‘severe subnormality’ or just ‘subnormality’ or whether it is ‘mental illness’ or ‘psychopathic disorder’. Lawton LJ discussed the construction of the phrase ‘mental illness’: ‘The answer in my judgment is to be found in the advice which Lord Reid gave … Continue reading W v L: CA 1974
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have been imposed on the applicants (warning, censure and reprimand . .), the suspension of which they complained undoubtedly constituted a direct and … Continue reading Le Compte, Van Leuven And De Meyere v Belgium: ECHR 23 Jun 1981
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992