Sinha v General Medical Council

Sinha v General Medical Council

The FPP proceedings were fair, Article 6 compliant, and properly conducted; the applicant's acquittal in criminal court did not preclude disciplinary action; no error of law was made by the FPP or Irwin J; there is no basis for a further appeal.

Parties
Appellant: Sinha; Respondent: General Medical Council
Jurisdiction
England and Wales
Judgment Date
18 February 2009
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Renewed application for permission to appeal refused.
Legal Topics
Fitness to Practice, Disciplinary Proceedings, Standard of Proof, Article 6 ECHR, Procedural Fairness
Administrative Law Professional Discipline Medical Law Fitness to Practice Disciplinary Proceedings Standard of Proof Article 6 ECHR Procedural Fairness

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Parties

Sinha

Appellant

General Medical Council

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether disciplinary proceedings can proceed after acquittal in criminal court due to inability to have a fair trial
  2. 2 Whether the Fitness to Practice Panel (FPP) proceedings were fair and Article 6 ECHR compliant
  3. 3 Whether errors by counsel or flaws in police investigation rendered the FPP hearing unfair

Ratio Decidendi

The FPP proceedings were fair, Article 6 compliant, and properly conducted; the applicant's acquittal in criminal court did not preclude disciplinary action; no error of law was made by the FPP or Irwin J; there is no basis for a further appeal.

Court Disposition

Renewed application for permission to appeal refused.