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 female, he was alleged to have assaulted her. He said that the complainant’s evidence had been shown incorrect in several ways, and that two additional witnesses had not been made available. He asked the committee to review its own decision.
Held: ‘Given the absence of an equivalent review mechanism in the case of medical practitioners, I regard Muscat as important in its recognition of the factor that it is not in the public interest that a qualified health professional, capable of giving good service to patients, should be struck off his professional register, and that that is a factor which, in an appropriate case, can justify departure from what Smith LJ pithily described as ‘the old Ladd v Marshall straightjacket.’
. . And ‘Given the existence of the discretion in this case, the issues for the Panel on the exercise of discretion would have been; ‘i) what was the relevance of the new evidence?
ii) why had it not been called before?
iii) what significance did it have in the context of the draft findings of the Panel?
iv) what effects would its admission have on the conduct of the hearing, and in particular on
a) the need to recall witnesses
b) the length of the hearing
v) taking all matters into account, would justice be done if it were not received and heard?’
Gilbart J
[2015] EWHC 1001 (Admin)
Bailii
Medical Act 1983 40
Citing:
Cited – Prudential Assurance Company Ltd v McBains Cooper (A Firm) and Others CA 23-May-2000
A judge who had submitted a draft judgment to the parties for comment before publishing a final version, was entitled to go ahead and publish his judgment notwithstanding that the parties had reached a settlement after seeing the draft. The judge . .
Cited – Regina v Jones (Anthony William) HL 20-Feb-2002
The defendant absconded, and did not appear for his trial despite several listings. The trial proceeded in his absence entirely. After arrest, he appealed, saying that he had not had a fair trial.
Held: It was not suggested that he did not . .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – In re Harrison’s Share Under a Settlement CA 1955
The judge had recalled an order approving the variation of a settlement on behalf of infant, unborn and unascertained persons, because after he had pronounced it but before it was formally drawn up the House of Lords had decided that there was no . .
Cited – In re Barrell Enterprises CA 1972
A judge has power to reconsider a judgement which he has delivered before the order consequent upon it has been sealed, but the judge should only exercise this power if there are strong reasons for doing so. When oral judgments have been given the . .
Cited – Pittalis v Sherefettin CA 1986
On the day after the judge had given judgment in a county court, he decided that he had been wrong. The judge provided the party with grounds upon which he would, if not persuaded otherwise, alter his previous judgment and order. A further hearing . .
Cited – Compagnie Noga D’Importation et d’Exportation SA v Abacha ComC 5-Mar-2001
A party asked the court to reconsider its judgment after it had been handed down saying that the judge had acted in error. Rix LJ referred to the need to balance the concern for finality against the ‘proper concern that courts should not be held by . .
Cited – Robinson v Fernsby, Scott-Kilvert CA 19-Dec-2003
The judge had drafted his judgment and sent the drafts to the parties for comment. He then received additional written representations from one party, from which he realised that he had made an error, and issued a corrected judgment which a . .
Cited – Paulin v Paulin CA 17-Mar-2009
The court considered an application by the wife when, anticipating ancillary relief claims, the husband sought to have himself declared bankrupt, and she intervened to have the bankruptcy set aside. The husband now appealed.
Held: Wilson LJ . .
Cited – Muscat v Health Professions Council CA 21-Oct-2009
A radiographer had asked the court to reconsider its verdict in a disciplinary action. He was said to have caused two female patients (on different occasions) to remove their clothing for the purposes of carrying out a scan, when it was not . .
Cited – Re L and B (Children) SC 20-Feb-2013
The court was asked as to the extent to which a court, having once declared its decision, could later change its mind. Though this case arose with in care proceedings, the court asked it as a general question. The judge in a fact finding hearing in . .
Cited – Jasinarachchi v General Medical Council Admn 31-Oct-2014
The doctor appealed, not against the finding of misconduct, but against the penalty imposed by the Fitness to Practice Panel. Following the decision, matters had come to light concerning the practical consequences of suspending a trainee doctor’s . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 29 December 2021; Ref: scu.545611