General Medical Council, R (on the application of) v Saadien-Raad

General Medical Council, R (on the application of) v Saadien-Raad

The extension of the interim order of suspension is appropriate and justified given the seriousness of the allegations, the public interest, lack of prejudice to the defendant, and compliance with statutory requirements. The refusal by the defendant to consent to the order was unreasonable, justifying an order for...

Source-derived case information.

Parties
Claimant: General Medical Council; Defendant: Dr Maurice Saadien-Raad
Jurisdiction
England and Wales
Judgment Date
23 April 2009
Procedural Posture
Judicial Review Application / Application to Extend Interim Order of Suspension
Outcome
application granted
Legal Topics
Interim Suspension, Fitness to Practise, Costs
Medical Law Administrative Law Interim Suspension Fitness to Practise Costs

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Parties

General Medical Council

Claimant

Dr Maurice Saadien-Raad

Defendant

Procedural Posture

Judicial Review Application / Application to Extend Interim Order of Suspension

Legal Issues

  1. 1 Whether the extension of the interim order of suspension is justified under section 41A(6) and (7) of the Medical Act 1983
  2. 2 Whether an order for costs should be made against the defendant

Ratio Decidendi

The extension of the interim order of suspension is appropriate and justified given the seriousness of the allegations, the public interest, lack of prejudice to the defendant, and compliance with statutory requirements. The refusal by the defendant to consent to the order was unreasonable, justifying an order for costs.

Court Disposition

application granted

Orders

  • Extension of interim order of suspension for 12 months from 1st May 2009
  • Order for costs summarily assessed at £2,630.50 in favour of the GMC