Kashif v General Medical Council

Given the narrowing of allegations and the current evidence, continuation of the interim suspension order is disproportionate; appeal allowed and suspension discharged.

Source-derived case information.

Parties: Claimant: Dr Adeela Kashif; Defendant: General Medical Council
Jurisdiction: England and Wales
Judgment Date: 18 October 2013
Procedural Posture: Judicial Review / Appeal Against Interim Suspension Order
Outcome: Appeal allowed; interim suspension order discharged
Legal Topics: Interim Suspension, Fitness to Practise, Proportionality, Costs

Administrative Law Medical Law Interim Suspension Fitness to Practise Proportionality Costs

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Dr Adeela Kashif

Claimant

General Medical Council

Defendant

Procedural Posture

Judicial Review / Appeal Against Interim Suspension Order

Legal Issues

1 Whether continuation of interim suspension order is proportionate
2 Whether narrowed allegations justify suspension
3 Appropriate application of legal principles under Medical Act 1983

Ratio Decidendi

Given the narrowing of allegations and the current evidence, continuation of the interim suspension order is disproportionate; appeal allowed and suspension discharged.

Court Disposition

Appeal allowed; interim suspension order discharged

Orders

Suspension order discharged
Costs awarded to claimant; total reduced to £8,500

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