The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment to allow an appeal against their refusal.
Held: The knowledge of prejudicial material was not an absolute bar. The experience and training of the tribunal members was to be taken into account. No sufficient appearance of bias had been shown. However in the circumstances, the Coincil should have adjourned to allow the application to the High Court.
Judges:
Lord Justice Sedley Lord Justice Waller Lord Justice Carnwath
Citations:
[2004] EWCA Civ 233, Times 19-Mar-2004, Gazette 01-Apr-2004
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Mahfouz, Regina (on the Application of) v General Medical Council Admn 27-Jun-2003
. .
Cited – Johnson v Leicestershire Constabulary QBD 7-Oct-1998
Where justices had become aware that a defendant had previous convictions, the test for whether they should be discharged was whether there was a real danger of bias from such knowledge. Proper allowance to be given for the effect of training given . .
Cited – Montgomery and Coulter v Her Majesty’s Advocate PC 19-Oct-2000
The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing . .
Cited – Dr Ramachandran Subramanian v The General Medical Council PC 5-Dec-2002
PC (The Professional Conduct Committee of the GMC) The appellant, a locum general practitioner, had been charged with failing to examine a patient adequately and take prompt action to refer her to hospital. At . .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – Regina v Huddersfield Justices ex parte D QBD 1997
Magistrates should in general seek to avoid adjourning cases part-heard, for applications to be made to the court: ‘Rather they should as a general rule proceed to their own final determination and leave a dissatisfied party to appeal to the Crown . .
Cited – Regina (Hounslow London Borough Council) v School Appeal Panel CA 2002
There was a hearing before the panel relating to admission of children to particular schools.
Held: The proceedings had got ‘bogged down with questions of legality and the possibility of judicial review’. Applications for judicial review in . .
Cited by:
See Also – Mahfouz v Professional Conduct Committee of General Medical Council CA 25-Mar-2004
. .
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: 06 September 2022; Ref: scu.194288