General Medical Council, R (on the application of) v Jena
The extension of the interim suspension order is justified due to the adjournment of disciplinary proceedings and Dr Jena's imprisonment, with his rights protected by granting liberty to apply to discharge the order within a specified period.
- Parties
- Claimant: General Medical Council; Defendant: Dr Jena
- Jurisdiction
- England and Wales
- Judgment Date
- 02 November 2005
- Procedural Posture
- Judicial Review Application / Interim Order Extension Hearing
- Outcome
- Interim suspension order extended for 12 months with liberty to apply to discharge within three months on 14 days' notice.
- Legal Topics
- Interim Suspension, Disciplinary Proceedings, Extension of Suspension Order
Case Brief
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Parties
General Medical Council
Claimant
Dr Jena
Defendant
Procedural Posture
Judicial Review Application / Interim Order Extension Hearing
Legal Issues
- 1 Whether to extend the interim suspension order against Dr Jena for a further 12 months
- 2 Whether Dr Jena's rights are adequately protected in his absence
Ratio Decidendi
The extension of the interim suspension order is justified due to the adjournment of disciplinary proceedings and Dr Jena's imprisonment, with his rights protected by granting liberty to apply to discharge the order within a specified period.
Court Disposition
Interim suspension order extended for 12 months with liberty to apply to discharge within three months on 14 days' notice.
Orders
- Interim suspension order extended to 12 November 2006.
- Defendant granted liberty to apply to discharge the order on 14 days' notice within three months.
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