Kuzmin, R (On the Application Of) v General Medical Council [2019] EWHC 2129 (Admin) (05 August 2019)
A Medical Practitioners Tribunal has the legal power to draw adverse inferences from the silence of a practitioner charged with breaches of the regulatory scheme, subject to procedural fairness. This power is a matter of tribunal procedure, not embedded in common law, and does not reverse the burden of proof.
- Citation
- [2019] EWHC 2129 (Admin)
- Parties
- Claimant: Evgeniy Igorovich Kuzmin; Defendant: General Medical Council
- Jurisdiction
- England and Wales
- Judgment Date
- 05 August 2019
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Adverse Inference, Right to Silence, Medical Practitioner Discipline, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Evgeniy Igorovich Kuzmin
Claimant
General Medical Council
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether a Medical Practitioners Tribunal can draw an adverse inference from a practitioner's failure to give evidence at a disciplinary hearing
- 2 Whether disciplinary proceedings are subject to the common law prohibition on adverse inferences from silence
Ratio Decidendi
A Medical Practitioners Tribunal has the legal power to draw adverse inferences from the silence of a practitioner charged with breaches of the regulatory scheme, subject to procedural fairness. This power is a matter of tribunal procedure, not embedded in common law, and does not reverse the burden of proof.
Court Disposition
Claim dismissed
Orders
- The claim for judicial review is dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment