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

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

Given the conviction for indecent assault, sentence of imprisonment, and public interest, the extension of the interim suspension order for 12 months is justified; costs are awarded due to non-consent and avoidable attendance.

Source-derived case information.

Parties
Claimant: General Medical Council; Defendant: Dr Venkataswamy Nammalwar
Jurisdiction
England and Wales
Judgment Date
20 April 2005
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension Order
Outcome
Application granted
Legal Topics
Interim Suspension, Fitness to Practise, Voluntary Erasure, Disciplinary Proceedings, Costs
Medical Law Administrative Law Interim Suspension Fitness to Practise Voluntary Erasure Disciplinary Proceedings Costs

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Parties

General Medical Council

Claimant

Dr Venkataswamy Nammalwar

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether to extend the interim suspension order for 12 months
  2. 2 Whether voluntary erasure should be permitted
  3. 3 Whether costs should be awarded

Ratio Decidendi

Given the conviction for indecent assault, sentence of imprisonment, and public interest, the extension of the interim suspension order for 12 months is justified; costs are awarded due to non-consent and avoidable attendance.

Court Disposition

Application granted

Orders

  • Interim suspension order extended for 12 months from 11th May 2005 to 10th May 2006
  • Costs of £900 awarded to GMC payable by defendant