Gilthorpe v General Medical Council

Gilthorpe v General Medical Council

The court has no power to extend the statutory time limit for lodging an appeal under section 40 of the Medical Act 1983. Dr Herrera did not lodge a valid appeal within the required 28 days, and his attempt to file a judicial review claim did not constitute a valid statutory appeal. Accordingly, the appeal is...

Source-derived case information.

Parties
Claimant: Dr Herrera-Gilthorpe (Dr Herrera); Defendant: General Medical Council
Jurisdiction
England and Wales
Judgment Date
02 February 2012
Procedural Posture
Statutory Appeal (medical Disciplinary) / Judgment on Appeal Out of Time and Costs
Outcome
Appeal dismissed for want of jurisdiction; costs awarded to GMC at 25% of claimed amount.
Legal Topics
Statutory Appeals, Extension of Time, Costs Orders, Medical Practitioner Suspension
Administrative Law Medical Law Professional Discipline Statutory Appeals Extension of Time Costs Orders Medical Practitioner Suspension

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Parties

Dr Herrera-Gilthorpe (Dr Herrera)

Claimant

General Medical Council

Defendant

Procedural Posture

Statutory Appeal (medical Disciplinary) / Judgment on Appeal Out of Time and Costs

Legal Issues

  1. 1 Whether the court has jurisdiction to extend time for lodging a statutory appeal under the Medical Act 1983
  2. 2 Whether Dr Herrera lodged a valid appeal within the statutory time limit
  3. 3 Whether costs should be awarded and in what proportion

Ratio Decidendi

The court has no power to extend the statutory time limit for lodging an appeal under section 40 of the Medical Act 1983. Dr Herrera did not lodge a valid appeal within the required 28 days, and his attempt to file a judicial review claim did not constitute a valid statutory appeal. Accordingly, the appeal is dismissed for want of jurisdiction.

Court Disposition

Appeal dismissed for want of jurisdiction; costs awarded to GMC at 25% of claimed amount.

Orders

  • Appeal dismissed as out of time and not validly constituted.
  • Dr Herrera to pay 25% of GMC's costs, assessed at £10,194.84.