General Medical Council, R (on the application of) v Jena [2005] EWHC 2851 (Admin) (02 November 2005)

General Medical Council, R (on the application of) v Jena [2005] EWHC 2851 (Admin) (02 November 2005)

The extension of the interim suspension order is justified to protect the public interest, given the adjournment of disciplinary proceedings and the defendant's imprisonment, with liberty to apply to discharge the order within three months to protect the defendant's rights.

Citation
[2005] EWHC 2851 (Admin)
Parties
Claimant: General Medical Council; Defendant: Jena
Jurisdiction
England and Wales
Judgment Date
02 November 2005
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension Order
Outcome
interim suspension order extended for 12 months with liberty to apply
Legal Topics
Interim Suspension, Disciplinary Proceedings, Procedural Fairness
Administrative Law Medical Regulation Interim Suspension Disciplinary Proceedings Procedural Fairness

Case Brief

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Parties

General Medical Council

Claimant

Jena

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether to extend the interim suspension order against the defendant for a further 12 months
  2. 2 Whether the defendant's rights are adequately protected in his absence

Ratio Decidendi

The extension of the interim suspension order is justified to protect the public interest, given the adjournment of disciplinary proceedings and the defendant's imprisonment, with liberty to apply to discharge the order within three months to protect the defendant's rights.

Court Disposition

interim suspension order extended for 12 months with liberty to apply

Orders

  • Interim suspension order extended to expire on 12th November 2006
  • Defendant granted liberty to apply on 14 days' notice to discharge the order within three months