General Medical Council v Fleming

General Medical Council v Fleming

The statutory requirements for extension of the interim order of suspension were satisfied due to the defendant's non-compliance and lack of engagement, justifying a twelve-month extension to protect the public interest.

Parties
Claimant: The General Medical Council; Defendant: Dr Desmond Hugh Fleming
Jurisdiction
England and Wales
Judgment Date
15 December 2008
Procedural Posture
Judicial Review / Application to Extend Interim Order of Suspension
Outcome
application granted
Legal Topics
Interim Orders, Conditional Registration, Suspension of Medical Practitioners, Costs Assessment
Medical Law Administrative Law Interim Orders Conditional Registration Suspension of Medical Practitioners Costs Assessment

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Parties

The General Medical Council

Claimant

Dr Desmond Hugh Fleming

Defendant

Procedural Posture

Judicial Review / Application to Extend Interim Order of Suspension

Legal Issues

  1. 1 Whether the statutory requirements for extension of the interim order of suspension are met
  2. 2 Whether costs should be summarily assessed and awarded

Ratio Decidendi

The statutory requirements for extension of the interim order of suspension were satisfied due to the defendant's non-compliance and lack of engagement, justifying a twelve-month extension to protect the public interest.

Court Disposition

application granted

Orders

  • Interim order of suspension extended for twelve months from 18 December 2008
  • Claimant awarded summary assessed costs in the sum of £500