Kuzmin, R (On the Application Of) v General Medical Council

Kuzmin, R (On the Application Of) v General Medical Council

A Medical Practitioners Tribunal has the legal power to draw an adverse inference from the silence of a charged practitioner who fails to give evidence, subject to procedural fairness. This power does not require statutory or regulatory intervention and is not prohibited by common law. The drawing of such an inference does not reverse the burden of proof.

Parties
Claimant: Evgeniy Igorovich Kuzmin; Defendant: General Medical Council
Jurisdiction
England and Wales
Judgment Date
05 August 2019
Procedural Posture
Judicial Review / Judgment on Challenge to Tribunal's in Principle Decision
Outcome
Claim dismissed
Legal Topics
Adverse Inference From Silence, Medical Practitioner Disciplinary Proceedings, Procedural Fairness, Burden of Proof
Administrative Law Professional Discipline Adverse Inference From Silence Medical Practitioner Disciplinary Proceedings Procedural Fairness Burden of Proof

Case Brief

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Parties

Evgeniy Igorovich Kuzmin

Claimant

General Medical Council

Defendant

Procedural Posture

Judicial Review / Judgment on Challenge to Tribunal's in Principle Decision

Legal Issues

  1. 1 Whether a Medical Practitioners Tribunal may draw an adverse inference from a practitioner's failure to give evidence at a disciplinary hearing
  2. 2 Whether such a power exists at common law or requires statutory or regulatory intervention
  3. 3 Whether drawing such an inference is procedurally fair

Ratio Decidendi

A Medical Practitioners Tribunal has the legal power to draw an adverse inference from the silence of a charged practitioner who fails to give evidence, subject to procedural fairness. This power does not require statutory or regulatory intervention and is not prohibited by common law. The drawing of such an inference does not reverse the burden of proof.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.