Petition of General Osteopathic Council v Sodande [2011] ScotCS CSOH_39 (01 March 2011)

Petition of General Osteopathic Council v Sodande [2011] ScotCS CSOH_39 (01 March 2011)

The respondent is not registered as an osteopath and is therefore not entitled to describe himself as such under section 32 of the Osteopaths Act 1993. The General Osteopathic Council has both a common law and statutory right to seek interdict to prevent passing off. Allegations of prejudice and delay are unfounded and do not bar the remedy. The interdict is granted.

Citation
[2011] ScotCS CSOH_39
Parties
Petitioner: General Osteopathic Council; Respondent: Richard Sobande
Jurisdiction
Scotland
Judgment Date
01 March 2011
Procedural Posture
Petition for Interdict and Interim Interdict / Judgment After Hearing
Outcome
Interdict granted
Legal Topics
Registration of Osteopaths, Passing Off, Statutory Regulation, Interdict, Professional Standards
Professional Regulation Administrative Law Registration of Osteopaths Passing Off Statutory Regulation Interdict Professional Standards

Case Brief

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Parties

General Osteopathic Council

Petitioner

Richard Sobande

Respondent

Procedural Posture

Petition for Interdict and Interim Interdict / Judgment After Hearing

Legal Issues

  1. 1 Whether the respondent is entitled to describe himself as an osteopath without registration under the Osteopaths Act 1993
  2. 2 Whether the General Osteopathic Council has title to seek interdict against the respondent for passing off as an osteopath
  3. 3 Whether allegations of racial prejudice, vindictiveness, or professional jealousy affect the lawfulness of the Council's refusal to register the respondent

Ratio Decidendi

The respondent is not registered as an osteopath and is therefore not entitled to describe himself as such under section 32 of the Osteopaths Act 1993. The General Osteopathic Council has both a common law and statutory right to seek interdict to prevent passing off. Allegations of prejudice and delay are unfounded and do not bar the remedy. The interdict is granted.

Court Disposition

Interdict granted

Orders

  • The respondent is interdicted from describing himself as an osteopath.