General Medical Council, R (on the application of) v Donegan

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

  1. 1 Whether the court should order disclosure of confidential documents relating to children in the context of a professional disciplinary inquiry
  2. 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.