DP v General Dental Council

DP v General Dental Council

Section 27A(11) of the Dentists Act 1984 confers a right on registrants, from 13 April 2016, to seek review of any warning issued by the Investigating Committee within two years of the determination, including those issued before 13 April 2016. The statutory wording contains no limitation restricting the review power to warnings issued after that date, and the limited retroactivity does not result in unfairness or absurdity.

Parties
Claimant: DP; Defendant: General Dental Council
Jurisdiction
England and Wales
Judgment Date
14 December 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review allowed
Legal Topics
Retrospective Application of Statutes, Internal Review of Regulatory Decisions, Procedural Fairness
Administrative Law Statutory Interpretation Retrospective Application of Statutes Internal Review of Regulatory Decisions Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DP

Claimant

General Dental Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether section 27A(11) of the Dentists Act 1984 permits review of warnings issued by the Investigating Committee prior to 13 April 2016
  2. 2 Whether the GDC's Guidance impermissibly restricts the statutory review power

Ratio Decidendi

Section 27A(11) of the Dentists Act 1984 confers a right on registrants, from 13 April 2016, to seek review of any warning issued by the Investigating Committee within two years of the determination, including those issued before 13 April 2016. The statutory wording contains no limitation restricting the review power to warnings issued after that date, and the limited retroactivity does not result in unfairness or absurdity.

Court Disposition

Application for judicial review allowed

Orders

  • The GDC's decision dated 20 May 2016 is quashed.
  • Paragraph 4(iii) of the Guidance is quashed.