General Medical Council v Khattab

Given the credible and serious nature of the allegations against the defendant, supported by independent expert evidence, the public interest requires the extension of the interim suspension pending the Fitness to Practise Panel hearing. However, the extension should not exceed what is necessary, and a period until 21st March 2014 is adequate.

Parties: Claimant: General Medical Council; Defendant: Khattab
Jurisdiction: England and Wales
Judgment Date: 03 September 2013
Procedural Posture: Judicial Review / Statutory Application / Application for Extension of Interim Suspension Order
Outcome: Application for extension of interim suspension granted; costs awarded to claimant.
Legal Topics: Interim Suspension, Fitness to Practise, Procedural Fairness, Costs

Medical Law Administrative Law Interim Suspension Fitness to Practise Procedural Fairness Costs

Case Brief

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Parties

General Medical Council

Claimant

Khattab

Defendant

Procedural Posture

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

Legal Issues

1 Whether to extend the interim order of suspension against the defendant under the Medical Act 1983
2 Whether service of the claim form and evidence was properly effected
3 Appropriate duration of the extension

Ratio Decidendi

Court Disposition

Application for extension of interim suspension granted; costs awarded to claimant.

Orders

Interim suspension extended to 21st March 2014, subject to filing of witness statement and certificate of service by 4.00 pm.
Order to remain in court office until required documents are filed.