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 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) are also original powers and not merely powers of judicial review.’
As to the attitude to be taken by the court to the IOP’s opinion: ‘It is for the court to decide what weight to give to that opinion, It is certainly not bound to follow that opinion. All that is required is that the Court should give that opinion such weight as in the circumstances of the case it thinks fit. Weighing up the opinion of a body that has special statutory responsibilities and relevant experience and expertise is again part of the ordinary task of judicial decision-making . . I would prefer to say that the approach of the court to the opinion of the IOP is not a question of giving respect but of attaching appropriate weight to the evidence in the ordinary way. In contrast to the giving of respect, there can be no automaticity about the attaching of weight to evidence. Weight does not attach to evidence by virtue only of his experience or status. The giving of weight to opinion evidence entails a holistic evaluation of the persuasiveness of the evidence on the relevant issue, having regard to the relevant circumstances including its content as well as the viewpoint of the author of the opinion.’

Tuckey LJ, Arden LJ, Lawrence Collins J
[2007] EWCA Civ 369, Times 15-Jun-2007, [2007] 1 WLR 2007
Medical Act 1983 41A
England and Wales
Appeal fromGeneral Medical Council v Hiew Admn 17-Oct-2006
. .
See AlsoGeneral Medical Council v Hiew Admn 20-Apr-2007
Application for extension of interim suspension order, now as restriction subject to conditions. . .

Cited by:
CitedBradshaw v General Medical Council Admn 4-Jun-2010
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 . .
CitedSandler v General Medical Council Admn 14-May-2010
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 . .
AppliedDr EY v General Medical Council Admn 15-Apr-2013
The doctor sought the temination of his conditional registration as a medical practitioner. . .

Lists of cited by and citing cases may be incomplete.

Health Professions

Leading Case

Updated: 11 November 2021; Ref: scu.251567