The court described the function of the appellate court when deciding whether the decision of a disciplinary committee was challenged: ‘In broad terms, the approach of the court on an appeal is as follows. Although its function in respect of a statutory appeal is to conduct a rehearing, it is one usually conducted, and conducted in this case, on the basis of a transcript of the hearing below. The appellate court must bear in mind that the decision-making Committee had the advantage of seeing and hearing the oral evidence given, and it must accord an appropriate measure of respect and weight to the judgment of the Committee on measures necessary to maintain professional standards and provide adequate protection to the public: see generally Ghosh v General Medical Council [2001] UKPC 29, [2001] 1 WLR 1915, and Gupta v General Medical Council [2001] UKPC 61, [2002] 1 WLR 1691 …’
Judges:
Richards J
Citations:
[2004] EWHC 1350
Jurisdiction:
England and Wales
Cited by:
Cited – Watson v General Medical Council Admn 26-Aug-2005
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: . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 14 May 2022; Ref: scu.234547
