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

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

It would be irresponsible to permit the defendant to resume practice prior to the outcome of the performance assessment; an extension of six months is appropriate to allow assessment and review. The defendant's refusal to engage constructively justifies awarding costs to the GMC.

Parties
Claimant: General Medical Council; Defendant: George
Jurisdiction
England and Wales
Judgment Date
01 September 2004
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension
Outcome
Application granted in part
Legal Topics
Interim Suspension, Professional Misconduct, Performance Assessment, Costs
Medical Law Administrative Law Interim Suspension Professional Misconduct Performance Assessment Costs

Case Brief

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Parties

General Medical Council

Claimant

George

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension

Legal Issues

  1. 1 Whether the interim suspension of the defendant's medical registration should be extended
  2. 2 Whether the extension is fair, reasonable, and proportionate
  3. 3 Whether costs should be awarded to the GMC

Ratio Decidendi

It would be irresponsible to permit the defendant to resume practice prior to the outcome of the performance assessment; an extension of six months is appropriate to allow assessment and review. The defendant's refusal to engage constructively justifies awarding costs to the GMC.

Court Disposition

Application granted in part

Orders

  • Interim suspension of the defendant's registration extended for six months until 5th March.
  • Defendant to pay GMC's costs summarily assessed at £3,000.