McEvoy & Anor v Preliminary Proceedings Committee & Anor (Unapproved) [2022] IECA 174 (29 July 2022)

McEvoy & Anor v Preliminary Proceedings Committee & Anor (Unapproved) [2022] IECA 174 (29 July 2022)

The PPC and Medical Council considered all relevant documentation, including submissions and responses from the appellants. The opinion was based on an independent expert report and was reasonable, factually sustainable, and not irrational. Allegations of bias and bad faith were unsupported by evidence; relevant members were not present during decision-making. Claims regarding public policy were outside the scope of judicial review, which is limited to the management of the complaint. No arguable case for relief was established.

Citation
[2022] IECA 174
Parties
Applicant/appellant: Peter McEvoy; Applicant/appellant: Linda McEvoy; Respondent: Preliminary Proceedings Committee; Respondent: Medical Council
Jurisdiction
Ireland
Judgment Date
29 July 2022
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Bias, Professional Misconduct, Informed Consent, Public Policy, Time Limits
Administrative Law Medical Law Judicial Review Procedural Fairness Bias Professional Misconduct Informed Consent Public Policy +1 more

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Parties

Peter McEvoy

Applicant/appellant

Linda McEvoy

Applicant/appellant

Preliminary Proceedings Committee

Respondent

Medical Council

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Did the PPC and Medical Council fail to consider all relevant evidence and submissions?
  2. 2 Was the PPC's opinion unreasonable or irrational?
  3. 3 Was there bias or conflict of interest in the PPC or Medical Council's decision-making?

Ratio Decidendi

The PPC and Medical Council considered all relevant documentation, including submissions and responses from the appellants. The opinion was based on an independent expert report and was reasonable, factually sustainable, and not irrational. Allegations of bias and bad faith were unsupported by evidence; relevant members were not present during decision-making. Claims regarding public policy were outside the scope of judicial review, which is limited to the management of the complaint. No arguable case for relief was established.

Court Disposition

Appeal dismissed

Orders

  • Leave to apply for judicial review refused
  • Appellants to discharge costs incurred by respondents