Malik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health: Admn 17 Mar 2006

The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: ‘there were serious flaws at the hearing of 16 March which in my judgment rendered it unfair and so unlawful. The presenting officer was not content to rely on the matters of which notice had been given but proceeded to refer to a number of other matters against the claimant none of which had been put to him. This was a breach of regulation 13(11). ‘ Inclusion in the list is a possession within Article 1PI. If the suspension had been properly and lawfully imposed, the interference in the right of peaceful enjoyment would have been proportionate and so justified. But the suspension was unlawful.


Collins J


Times 26-May-2006, [2006] EWHC 487 (Admin)




CitedRegina (SS) v Knowsley NHS Primary Care Trust; Regina (Ghosh) v Northumberland NHS Care Trust Admn 19-Feb-2006
The doctors complained of their removal from the respondents’ ‘performers lists’.
Held: A primary care trust when holding such an oral hearing had to allow doctor to have legal advocay. Though no such right was granted by the regulations nor . .
CitedFonseca Carreira v Portugal ECHR 14-Jun-2001
‘The Court notes that the Convention institutions have consistently taken the view that Article 6.1 does not apply to proceedings for interim relief. The purpose of such proceedings is to deal with a temporary state of affairs pending the outcome of . .
CitedLe Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981
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 . .
CitedChoudhary v General Medical Council PC 2001
The Board heard an appeal against a final order of suspension for 12 months. It considered Madan’s case.
Held: The Board wished to reserve their opinion on the reasoning in the judgments that it was the application of Article 6 which required . .
CitedMarkass Car Hire Ltd v Cyprus ECHR 2-Jul-2002
The complaint was as to the length of the proceedings to set aside an ex parte interim order. The order was obtained on 31 March 1998 and under it the applicant was required to hand over to the plaintiff cars worth over andpound;Cyprus 500,000. It . .
CitedMadan v General Medical Council Admn 2001
There had been an interim suspension by the Interim Orders Committee of the GMC. Counsel for the GMC conceded the application of Article 6.
Held: Newman J: ‘For myself, I regard it as highly likely that the interim suspension hearings engage . .
CitedVan Marle And Others v The Netherlands ECHR 26-Jun-1986
The applicants were accountants who had practised as such for some years when a new statute came into force which required then to register. Their applications were refused.
Held: Article 1PI was engaged. In paragraphs 41 and 42 the Court said . .
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
CitedKarni v Sweden ECHR 8-Mar-1988
(Commission) The applicant was a doctor who, on his return to Sweden, was entered on the list of those affiliated to the Social Security System which meant he could carry on a private medical practice and receive payment for treatment provided to . .
CitedCountryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
CitedQuark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs Admn 22-Jul-2003
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy . .
CitedCrompton T/A David Crompton Haulage v Department of Transport North Western Area CA 31-Jan-2003
The claimant challenged the revocation of his operator’s licence. At an earlier tribunal hearing concerning his licence, he had behaved in a loutish manner, and the revocation was based on that behaviour.
Held: The operator’s licence is a . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Human Rights

Updated: 05 July 2022; Ref: scu.239188