General Medical Council, R (on the application of) v Syed

General Medical Council, R (on the application of) v Syed

The extension of the interim order of conditions is justified by cogent evidence of serious deficiencies in Mr Syed's professional performance, the need to protect the public, and the ongoing process to determine his fitness to practice. The absence of notice does not preclude extension due to urgency, provided Mr Syed is given liberty to apply for variation or discharge on notice.

Parties
Claimant: General Medical Council; Defendant: Syed
Jurisdiction
England and Wales
Judgment Date
26 May 2005
Procedural Posture
Judicial Review / Interim Order Extension Hearing
Outcome
application granted
Legal Topics
Interim Orders, Fitness to Practice, Professional Regulation
Medical Law Administrative Law Interim Orders Fitness to Practice Professional Regulation

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Parties

General Medical Council

Claimant

Syed

Defendant

Procedural Posture

Judicial Review / Interim Order Extension Hearing

Legal Issues

  1. 1 Whether the interim order of conditions against Mr Syed should be extended for a further year without his attendance or consent
  2. 2 Whether the absence of notice to Mr Syed invalidates the extension

Ratio Decidendi

The extension of the interim order of conditions is justified by cogent evidence of serious deficiencies in Mr Syed's professional performance, the need to protect the public, and the ongoing process to determine his fitness to practice. The absence of notice does not preclude extension due to urgency, provided Mr Syed is given liberty to apply for variation or discharge on notice.

Court Disposition

application granted

Orders

  • Interim order of conditions extended until 27th May 2006
  • Mr Syed granted liberty to apply for variation or discharge of the order upon one week's notice to the GMC