Where a doctor sought to have lifted an extension to his suspension, the court should start from the position that the suspension was currently in place before deciding whether it needed altering. However, ‘The terms of subsection 10 indicate that the appeal to the Court is a full appeal, that is to say, the Court does not interfere on a review ground but itself decides what order is appropriate.’
Judges:
Stanley Burnton J
Citations:
[2003] EWHC 2308 (Admin)
Links:
Statutes:
Medical Acts 1983 1(a) 41A(10)
Jurisdiction:
England and Wales
Cited by:
Cited – Sandler 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 . .
Cited – Bradshaw 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 . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 08 June 2022; Ref: scu.187307