General Medical Council, R (on the application of) v Donegan
The court held that it is appropriate to order disclosure of the requested documents, with redaction to protect the children's identities, as there are no exceptional circumstances to prevent production and the documents are reasonably required for the GMC's disciplinary process.
- Parties
- Claimant: General Medical Council; Defendant: Dr Jane LM Donegan
- Jurisdiction
- England and Wales
- Judgment Date
- 27 July 2006
- Procedural Posture
- Judicial Review Application / Application for Permission to Issue Witness Summons
- Outcome
- Application granted
- Legal Topics
- Professional Discipline, Disclosure of Confidential Documents, Expert Witness Immunity
Case Brief
Summary, issues, holding and outcome
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Parties
General Medical Council
Claimant
Dr Jane LM Donegan
Defendant
Procedural Posture
Judicial Review Application / Application for Permission to Issue Witness Summons
Legal Issues
- 1 Whether the court should order disclosure of confidential documents relating to children in the context of a professional disciplinary inquiry
- 2 Whether expert witness immunity precludes proceedings against Dr Donegan
Ratio Decidendi
The court held that it is appropriate to order disclosure of the requested documents, with redaction to protect the children's identities, as there are no exceptional circumstances to prevent production and the documents are reasonably required for the GMC's disciplinary process.
Court Disposition
Application granted
Orders
- Dr Donegan to produce the specified documents, with redaction to protect anonymity, within 28 days; reply to Professor Kroll's report to be produced within 14 days; no order as to costs.
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