General Medical Council, R (on the application of) v Barton [2007] EWHC 143 (Admin) (15 January 2008)

General Medical Council, R (on the application of) v Barton [2007] EWHC 143 (Admin) (15 January 2008)

The interim suspension was extended for 12 months with a liberty to apply clause, as the investigation should be completed within a reasonable time and the defendant should have recourse if there is undue delay. No order as to costs was made due to the particular circumstances.

Citation
[2007] EWHC 143 (Admin)
Parties
Claimant: General Medical Council; Defendant: Barton
Jurisdiction
England and Wales
Judgment Date
15 January 2008
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension
Outcome
application granted in part
Legal Topics
Interim Suspension, Medical Disciplinary Proceedings, Costs Orders
Administrative Law Professional Regulation Interim Suspension Medical Disciplinary Proceedings Costs Orders

Case Brief

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Parties

General Medical Council

Claimant

Barton

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension

Legal Issues

  1. 1 Whether to extend the interim suspension of Dr Barton for a further 12 months
  2. 2 Whether to include a liberty to apply clause
  3. 3 Whether to make an order for costs against the defendant

Ratio Decidendi

The interim suspension was extended for 12 months with a liberty to apply clause, as the investigation should be completed within a reasonable time and the defendant should have recourse if there is undue delay. No order as to costs was made due to the particular circumstances.

Court Disposition

application granted in part

Orders

  • Interim suspension of Dr Barton extended for 12 months
  • Liberty to apply clause included