General Pharmaceutical Council v Nazir

General Pharmaceutical Council v Nazir

The gravity of the allegations and the identified risk to the public outweigh the applicant's failures and the prejudice to the respondent, justifying a four-month extension of the interim suspension order as necessary and proportionate.

Source-derived case information.

Parties
Applicant: General Pharmaceutical Council; Respondent: Nazir
Jurisdiction
England and Wales
Judgment Date
22 February 2017
Procedural Posture
Judicial Review / Statutory Application / Application for Extension of Interim Suspension Order
Outcome
Application granted
Legal Topics
Interim Suspension, Fitness to Practise, Delay in Proceedings, Proportionality, Risk Assessment
Professional Regulation Administrative Law Interim Suspension Fitness to Practise Delay in Proceedings Proportionality Risk Assessment

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Parties

General Pharmaceutical Council

Applicant

Nazir

Respondent

Procedural Posture

Judicial Review / Statutory Application / Application for Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether to extend the interim suspension order against the respondent
  2. 2 Whether the applicant's delay and lack of expedition justifies refusal of the extension
  3. 3 Whether the risk to the public and gravity of allegations outweigh prejudice to the respondent

Ratio Decidendi

The gravity of the allegations and the identified risk to the public outweigh the applicant's failures and the prejudice to the respondent, justifying a four-month extension of the interim suspension order as necessary and proportionate.

Court Disposition

Application granted

Orders

  • Extension of interim suspension order for four months from 26 February 2017 to 25 June 2017
  • Applicant to notify respondent of any charges within as short a period as possible; no further delay will be tolerated