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

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

All grounds of appeal lacked substance: notice was properly served, the Committee had jurisdiction to order further assessment, the Committee was properly constituted, and the Committee was entitled to rely on the evidence of Dr Norris. The appeal was dismissed and costs awarded to the respondent.

Source-derived case information.

Parties
Claimant: Dr Kailash Shanker; Defendant: General Medical Council
Jurisdiction
England and Wales
Judgment Date
19 February 2004
Procedural Posture
Judicial Review / Appeal From Professional Regulatory Committee
Outcome
Appeal dismissed
Legal Topics
Professional Discipline, Procedural Fairness, Jurisdiction of Regulatory Bodies, Committee Constitution, Costs
Administrative Law Medical Law Professional Discipline Procedural Fairness Jurisdiction of Regulatory Bodies Committee Constitution Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dr Kailash Shanker

Claimant

General Medical Council

Defendant

Procedural Posture

Judicial Review / Appeal From Professional Regulatory Committee

Legal Issues

  1. 1 Whether adequate notice of the resumed hearing was given to the claimant
  2. 2 Whether the Committee had jurisdiction to order a further assessment
  3. 3 Whether the Committee was properly constituted under the relevant rules

Ratio Decidendi

All grounds of appeal lacked substance: notice was properly served, the Committee had jurisdiction to order further assessment, the Committee was properly constituted, and the Committee was entitled to rely on the evidence of Dr Norris. The appeal was dismissed and costs awarded to the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Claimant to pay respondent's costs in the sum of £4,000