Lewis v Prosthetists & Orthotists Board [2001] EWCA Civ 837 (22 May 2001)

Lewis v Prosthetists & Orthotists Board [2001] EWCA Civ 837 (22 May 2001)

The disciplinary committee has jurisdiction under section 9(1)(b) of the Professions Supplementary to Medicine Act 1960 to consider allegations of infamous conduct in a professional respect that occurred before the registrant's registration, provided the person is registered at the time of the committee's adjudication. The committee also has jurisdiction to consider conduct that could amount to a criminal offence, even if there has been no conviction.

Citation
[2001] EWCA Civ 837
Parties
Claimant/appellant: Julius Lewis; Defendant/respondent: The Prosthetists and Orthotists Board
Jurisdiction
England and Wales
Judgment Date
22 May 2001
Procedural Posture
Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Disciplinary Committees, Retrospective Application of Disciplinary Powers, Interpretation of Professions Supplementary to Medicine Act 1960
Administrative Law Professional Discipline Jurisdiction of Disciplinary Committees Retrospective Application of Disciplinary Powers Interpretation of Professions Supplementary to Medicine Act 1960

Case Brief

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Parties

Julius Lewis

Claimant/appellant

The Prosthetists and Orthotists Board

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the disciplinary committee has jurisdiction to consider allegations of infamous conduct occurring before registration under section 9(1)(b) of the Professions Supplementary to Medicine Act 1960.
  2. 2 Whether the disciplinary committee can consider conduct that could amount to a criminal offence under section 9(1)(b) if there has been no criminal conviction.

Ratio Decidendi

The disciplinary committee has jurisdiction under section 9(1)(b) of the Professions Supplementary to Medicine Act 1960 to consider allegations of infamous conduct in a professional respect that occurred before the registrant's registration, provided the person is registered at the time of the committee's adjudication. The committee also has jurisdiction to consider conduct that could amount to a criminal offence, even if there has been no conviction.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Public funded costs assessment for the appellant