General Medical Council v Paterson
Given the seriousness and complexity of the allegations, the ongoing patient review, and the concurrent police investigation, it is appropriate to extend the interim suspension for 12 months. Provision must be made 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 capacity concerns.
- Parties
- Claimant: General Medical Council; Defendant: Paterson
- Jurisdiction
- England and Wales
- Judgment Date
- 03 January 2013
- Procedural Posture
- Application for Extension of Interim Suspension Order / Hearing and Judgment on Application
- Outcome
- Application granted
- Legal Topics
- Interim Suspension, Medical Practitioner Regulation, Capacity to Instruct Solicitor, Litigation Friend
Case Brief
Summary, issues, holding and outcome
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Parties
General Medical Council
Claimant
Paterson
Defendant
Procedural Posture
Application for Extension of Interim Suspension Order / Hearing and Judgment on Application
Legal Issues
- 1 Whether to extend the interim order of suspension against the defendant for 12 months
- 2 Whether to make provision for the defendant to apply to vary or set aside the order due to capacity issues
Ratio Decidendi
Given the seriousness and complexity of the allegations, the ongoing patient review, and the concurrent police investigation, it is appropriate to extend the interim suspension for 12 months. Provision must be made 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 capacity concerns.
Court Disposition
Application granted
Orders
- Extension of interim order of suspension for 12 months from 4 January 2014 to 3 January 2015
- Defendant, by his Litigation Friend if appointed, may apply to vary or set aside the order within 10 days after service of the order or appointment of a Litigation Friend, whichever is later
Full Case Text
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