Henshall, R (on the application of) v General Medical Council & Ors

Henshall, R (on the application of) v General Medical Council & Ors

The PPC's reliance on the British Medical Journal article was a significant error affecting all three doctors; the complaints should be remitted to the General Medical Council’s Investigations Committee under the former statutory scheme for reconsideration.

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
Remittal of Complaints, Procedural Fairness, Costs Orders
Administrative Law Medical Law Remittal of Complaints Procedural Fairness Costs Orders

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 complaint against the three doctors should be remitted for reconsideration
  2. 2 Whether the PPC's reliance on the British Medical Journal article was erroneous and affected the interested parties
  3. 3 Appropriate forum for reconsideration under the statutory scheme

Ratio Decidendi

The PPC's reliance on the British Medical Journal article was a significant error affecting all three doctors; the complaints should be remitted to the General Medical Council’s Investigations Committee under the former statutory scheme for reconsideration.

Court Disposition

application allowed

Orders

  • Complaint remitted to the General Medical Council’s Investigations Committee under the former statutory scheme for reconsideration with utmost expedition
  • Appellant’s costs of the appeal in the court below to be borne by the General Medical Council