Dutta, R (On the Application Of) v General Medical Council (GMC) [2020] EWHC 1974 (Admin) (22 July 2020)

Dutta, R (On the Application Of) v General Medical Council (GMC) [2020] EWHC 1974 (Admin) (22 July 2020)

The Tribunal's findings on Discount Charges were procedurally flawed and untenable, requiring quashing of those findings and subsequent impairment and sanction determinations. The Five-Year Decision and Referral Decision regarding 2009 allegations were unlawful, and none of the 2009 Allegations should have been before the Tribunal. Extension of time for judicial review is granted, permission is granted, and the claim is upheld to the extent of quashing the relevant decisions.

Citation
[2020] EWHC 1974 (Admin)
Parties
Claimant/appellant: Dr Ashish Dutta; Defendant/respondent: General Medical Council
Jurisdiction
England and Wales
Judgment Date
22 July 2020
Procedural Posture
Judicial Review and Statutory Appeal / Consolidated Hearing of Permission, Extension, Substantive Judicial Review, and Statutory Appeal
Outcome
Appeal allowed in part; judicial review claim upheld in part; extension and permission granted.
Legal Topics
Fitness to Practise, Procedural Fairness, Statutory Time Limits, Consent in Medical Practice, Tribunal Appeals
Administrative Law Medical Regulation Professional Discipline Fitness to Practise Procedural Fairness Statutory Time Limits Consent in Medical Practice Tribunal Appeals

Case Brief

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Parties

Dr Ashish Dutta

Claimant/appellant

General Medical Council

Defendant/respondent

Procedural Posture

Judicial Review and Statutory Appeal / Consolidated Hearing of Permission, Extension, Substantive Judicial Review, and Statutory Appeal

Legal Issues

  1. 1 Whether the GMC's Five-Year Decision and Referral Decision regarding 2009 allegations were lawful
  2. 2 Whether the Tribunal's findings on Discount Charges and Consent Charges were procedurally and substantively correct
  3. 3 Whether extension of time for judicial review should be granted

Ratio Decidendi

The Tribunal's findings on Discount Charges were procedurally flawed and untenable, requiring quashing of those findings and subsequent impairment and sanction determinations. The Five-Year Decision and Referral Decision regarding 2009 allegations were unlawful, and none of the 2009 Allegations should have been before the Tribunal. Extension of time for judicial review is granted, permission is granted, and the claim is upheld to the extent of quashing the relevant decisions.

Court Disposition

Appeal allowed in part; judicial review claim upheld in part; extension and permission granted.

Orders

  • Quashing of AR's Referral Decision regarding 2009 Allegations
  • Quashing of Tribunal's Determination on Impairment and Sanction