Henshall, R (on the application of) v General Medical Council & Ors [2006] EWCA Civ 364 (31 January 2006)

Henshall, R (on the application of) v General Medical Council & Ors [2006] EWCA Civ 364 (31 January 2006)

The PPC's reliance on the British Medical Journal article was significant and affected the fairness of the proceedings against all three doctors; therefore, the complaints should be remitted for reconsideration under the proper procedure.

Citation
[2006] EWCA Civ 364
Parties
Claimant/appellant: Deborah Henshall; Defendant/respondent: General Medical Council; Interested Party: Professor David Southall; Interested Party: Dr Andrew Spencer; Interested Party: Dr Martin Samuels
Jurisdiction
England and Wales
Judgment Date
31 January 2006
Procedural Posture
Judicial Review / Appeal From Administrative Court
Outcome
application allowed
Legal Topics
Professional Misconduct, Procedural Fairness, Judicial Review
Medical Law Administrative Law Professional Misconduct Procedural Fairness Judicial Review

Case Brief

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Parties

Deborah Henshall

Claimant/appellant

General Medical Council

Defendant/respondent

Professor David Southall

Interested Party

Dr Andrew Spencer

Interested Party

Dr Martin Samuels

Interested Party

Procedural Posture

Judicial Review / Appeal From Administrative Court

Legal Issues

  1. 1 Whether the Preliminary Proceedings Committee's reliance on the British Medical Journal article constituted procedural unfairness
  2. 2 Whether the complaints against the doctors should be remitted for reconsideration

Ratio Decidendi

The PPC's reliance on the British Medical Journal article was significant and affected the fairness of the proceedings against all three doctors; therefore, the complaints should be remitted for reconsideration under the proper procedure.

Court Disposition

application allowed

Orders

  • Complaint remitted to General Medical Council's Investigations Committee under former statutory scheme.
  • Appellant's costs of appeal to be borne by the General Medical Council, subject to detailed assessment.