Shiekh, R (on the application of) v General Dental Council
Interim suspension was not necessary in the public interest in this case, as there was no ongoing risk, full reparation had been made, there was significant delay, and Mr Shiekh had conducted himself well since the events; the justification for interim suspension was not sufficiently established by the Panels.
- Parties
- Claimant: Mr Shiekh; Defendant: General Dental Council
- Jurisdiction
- England and Wales
- Judgment Date
- 09 November 2007
- Procedural Posture
- Judicial Review Application / Judgment on Application to Terminate Interim Suspension Order
- Outcome
- Application granted; interim suspension order terminated
- Legal Topics
- Interim Suspension, Public Interest, Dentists Act 1984, Professional Misconduct
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Shiekh
Claimant
General Dental Council
Defendant
Procedural Posture
Judicial Review Application / Judgment on Application to Terminate Interim Suspension Order
Legal Issues
- 1 Whether the interim suspension of Mr Shiekh's registration as a dentist was necessary in the public interest under section 32 of the Dentists Act 1984
Ratio Decidendi
Interim suspension was not necessary in the public interest in this case, as there was no ongoing risk, full reparation had been made, there was significant delay, and Mr Shiekh had conducted himself well since the events; the justification for interim suspension was not sufficiently established by the Panels.
Court Disposition
Application granted; interim suspension order terminated
Orders
- Interim suspension of Mr Shiekh's registration terminated
- Costs to the claimant, subject to detailed assessment
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