General Medical Council v Paterson [2014] EWHC 201 (Admin) (03 January 2013)

General Medical Council v Paterson [2014] EWHC 201 (Admin) (03 January 2013)

Given the seriousness and complexity of the allegations, the ongoing patient review, and concurrent police investigation, it is appropriate to extend the interim suspension for 12 months. The order must include provision for the defendant, by his Litigation Friend if appointed, to apply to vary or set aside the order within 10 days of service or appointment, due to the current lack of capacity.

Citation
[2014] EWHC 201 (Admin)
Parties
Claimant: General Medical Council; Defendant: Paterson
Jurisdiction
England and Wales
Judgment Date
03 January 2013
Procedural Posture
Application to Extend Interim Order of Suspension / Hearing of Application for Extension
Outcome
Application granted
Legal Topics
Interim Suspension, Professional Misconduct, Capacity to Instruct, Litigation Friend, Medical Act 1983 S.41 a
Medical Law Administrative Law Interim Suspension Professional Misconduct Capacity to Instruct Litigation Friend Medical Act 1983 S.41 a

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Parties

General Medical Council

Claimant

Paterson

Defendant

Procedural Posture

Application to Extend Interim Order of Suspension / Hearing of Application for Extension

Legal Issues

  1. 1 Whether to extend the interim order of suspension against the defendant for a further 12 months under section 41A of the Medical Act 1983
  2. 2 Whether and how to accommodate the defendant's lack of capacity in the order

Ratio Decidendi

Given the seriousness and complexity of the allegations, the ongoing patient review, and concurrent police investigation, it is appropriate to extend the interim suspension for 12 months. The order must include provision for the defendant, by his Litigation Friend if appointed, to apply to vary or set aside the order within 10 days of service or appointment, due to the current lack of capacity.

Court Disposition

Application granted

Orders

  • Interim order of suspension extended for 12 months from 4 January 2014 to 3 January 2015
  • Order to include provision allowing the defendant, by his Litigation Friend if appointed, to apply to vary or set aside the order within 10 days after service or appointment