British Medical Association, R (on the application of) v General Medical Council

British Medical Association, R (on the application of) v General Medical Council

The GMC's decision to abolish the age-based exemption from the annual retention fee without consultation was not unlawful. There was no statutory or established practice requiring consultation, nor was there a promise to consult. The facts did not establish a secondary procedural legitimate expectation, as the circumstances did not amount to conspicuous unfairness or abuse of power. The GMC reasonably concluded, based on leading counsel's advice, that the exemption was unlawful under the Age Regulations and acted promptly to remedy the illegality. Consultation would not have altered the legal position.

Parties
Claimant: British Medical Association; Defendant: General Medical Council
Jurisdiction
England and Wales
Judgment Date
03 October 2008
Procedural Posture
Judicial Review / Application for Permission to Apply for Judicial Review and Substantive Hearing (rolled Up Hearing)
Outcome
Application for judicial review dismissed
Legal Topics
Legitimate Expectation, Consultation Requirements, Age Discrimination, Judicial Review Procedure
Administrative Law Employment Law Equality Law Legitimate Expectation Consultation Requirements Age Discrimination Judicial Review Procedure

Case Brief

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Parties

British Medical Association

Claimant

General Medical Council

Defendant

Procedural Posture

Judicial Review / Application for Permission to Apply for Judicial Review and Substantive Hearing (rolled Up Hearing)

Legal Issues

  1. 1 Whether the GMC's decision to abolish the age-based exemption from the annual retention fee without consultation was unlawful due to a failure to consult affected persons and/or breach of legitimate expectation
  2. 2 Whether the GMC's decision was conspicuously unfair or an abuse of power
  3. 3 Whether the age exemption was unlawful under the Employment Equality (Age) Regulations 2006

Ratio Decidendi

The GMC's decision to abolish the age-based exemption from the annual retention fee without consultation was not unlawful. There was no statutory or established practice requiring consultation, nor was there a promise to consult. The facts did not establish a secondary procedural legitimate expectation, as the circumstances did not amount to conspicuous unfairness or abuse of power. The GMC reasonably concluded, based on leading counsel's advice, that the exemption was unlawful under the Age Regulations and acted promptly to remedy the illegality. Consultation would not have altered the legal position.

Court Disposition

Application for judicial review dismissed

Orders

  • Permission to apply for judicial review granted
  • Interim relief discharged