General Medical Council v Khattab [2013] EWHC 3114 (Admin) (03 September 2013)

Given the credible and serious expert evidence of substandard care in two incidents, the public interest requires the interim suspension to be extended pending the outcome of the fitness to practise hearing. The extension should be limited to a period just beyond the scheduled hearing, not the nine months sought.

Citation: [2013] EWHC 3114 (Admin)
Parties: Claimant: General Medical Council; Defendant: Khattab
Jurisdiction: England and Wales
Judgment Date: 03 September 2013
Procedural Posture: Application for Extension of Interim Suspension Order / Hearing of Application for Further Extension of Interim Order
Outcome: Application granted in part
Legal Topics: Interim Suspension of Medical Practitioner, Extension of Interim Orders, Fitness to Practise Proceedings, Procedural Fairness

Medical Law Administrative Law Interim Suspension of Medical Practitioner Extension of Interim Orders Fitness to Practise Proceedings Procedural Fairness

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Parties

General Medical Council

Claimant

Khattab

Defendant

Procedural Posture

Application for Extension of Interim Suspension Order / Hearing of Application for Further Extension of Interim Order

Legal Issues

1 Whether the interim suspension of the defendant should be further extended under section 41A of the Medical Act 1983
2 Whether the evidence and allegations justify continued suspension in the public interest

Ratio Decidendi

Court Disposition

Application granted in part

Orders

Interim suspension extended until 21 March 2014, subject to filing of a witness statement and certificate of service by the claimant.
Costs assessed in favour of the claimant in the sum of £1811.90.