Monibi v General Dental Council

Monibi v General Dental Council

The PCC's findings of fact regarding the clinical events and record keeping were not shown to be wrong, but its findings of dishonesty in relation to two note alterations cannot stand absent evidence that Mr Monibi knew the original notes were accurate and intended to mislead. The sanction of suspension, contingent on dishonesty, must be quashed.

Parties
Appellant: Mr Farid Monibi; Respondent: General Dental Council
Jurisdiction
England and Wales
Judgment Date
18 June 2014
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Dishonesty, Fitness to Practise, Record Keeping, Informed Consent, Misconduct, Appeal Standards
Professional Discipline Health Law Dishonesty Fitness to Practise Record Keeping Informed Consent Misconduct Appeal Standards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Farid Monibi

Appellant

General Dental Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the findings of fact by the Professional Conduct Committee (PCC) were wrong
  2. 2 Whether the finding of dishonesty in altering clinical notes was justified
  3. 3 Whether the sanction of suspension was appropriate

Ratio Decidendi

The PCC's findings of fact regarding the clinical events and record keeping were not shown to be wrong, but its findings of dishonesty in relation to two note alterations cannot stand absent evidence that Mr Monibi knew the original notes were accurate and intended to mislead. The sanction of suspension, contingent on dishonesty, must be quashed.

Court Disposition

appeal allowed in part

Orders

  • Sanction of suspension quashed
  • Findings of dishonesty set aside