General Medical Council v Hiew [2007] EWHC 1078 (Admin) (20 April 2007)

General Medical Council v Hiew [2007] EWHC 1078 (Admin) (20 April 2007)

Given the absence of new or sufficient evidence against Dr Hiew, particularly following the CPS decision not to prosecute and the lack of material supporting allegations of dishonesty or risk to patients, it is not appropriate to extend the interim order. Any future order must be based on new material justifying such action.

Citation
[2007] EWHC 1078 (Admin)
Parties
Claimant: General Medical Council; Defendant: Stephen Chee Cheung Hiew
Jurisdiction
England and Wales
Judgment Date
20 April 2007
Procedural Posture
Application for Extension of Interim Order (medical Registration) / Hearing Before High Court (administrative Court)
Outcome
Application refused
Legal Topics
Interim Orders, Medical Practitioner Suspension, Conditions on Registration, Procedural Fairness, Disclosure Obligations
Administrative Law Medical Law Professional Regulation Interim Orders Medical Practitioner Suspension Conditions on Registration Procedural Fairness Disclosure Obligations

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Parties

General Medical Council

Claimant

Stephen Chee Cheung Hiew

Defendant

Procedural Posture

Application for Extension of Interim Order (medical Registration) / Hearing Before High Court (administrative Court)

Legal Issues

  1. 1 Whether it is appropriate to extend the interim order imposing conditions on Dr Hiew's registration
  2. 2 Whether the GMC has sufficient evidence to justify continued restrictions
  3. 3 Whether the GMC's draft allegations are justified in light of CPS decision not to prosecute

Ratio Decidendi

Given the absence of new or sufficient evidence against Dr Hiew, particularly following the CPS decision not to prosecute and the lack of material supporting allegations of dishonesty or risk to patients, it is not appropriate to extend the interim order. Any future order must be based on new material justifying such action.

Court Disposition

Application refused

Orders

  • Application to extend interim order dismissed
  • GMC to pay costs to Dr Hiew in the sum of £2,975.10