Moody, R (on the application of) v The General Osteopathic Council

Moody, R (on the application of) v The General Osteopathic Council

The appeal was dismissed because the court was not strongly of the view that the substantive appeal was bound to succeed or that the penalty would not involve suspension; therefore, the Committee's decision to impose an interim suspension order for public protection was not wrong.

Parties
Claimant: Moody; Defendant: General Osteopathic Council
Jurisdiction
England and Wales
Judgment Date
21 August 2007
Procedural Posture
Statutory Appeal (judicial Review) / Appeal Against Interim Suspension Order
Outcome
Appeal dismissed
Legal Topics
Interim Suspension Orders, Professional Misconduct, Appeals Procedure
Administrative Law Professional Regulation Interim Suspension Orders Professional Misconduct Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Moody

Claimant

General Osteopathic Council

Defendant

Procedural Posture

Statutory Appeal (judicial Review) / Appeal Against Interim Suspension Order

Legal Issues

  1. 1 Whether the Professional Conduct Committee was wrong to impose an interim suspension order on Mr Moody pending appeal

Ratio Decidendi

The appeal was dismissed because the court was not strongly of the view that the substantive appeal was bound to succeed or that the penalty would not involve suspension; therefore, the Committee's decision to impose an interim suspension order for public protection was not wrong.

Court Disposition

Appeal dismissed

Orders

  • Interim suspension order upheld
  • Direction for expeditious hearing of substantive appeal