Source: All England Reporter
Publisher Citation: [2004] All ER (D) 346 (Dec)
Neutral Citation: [2004] EWHC 2977 (Admin)
Court: Administrative Court
Judge:

Stanley Burnton J

Representation John Hendy QC and Louise Chudleigh (instructed by RadcliffesLeBrasseur) for the claimant.
  Mark Shaw QC and Tom Weisselberg (instructed by the Solicitor to the GMC) for the GMC.
Judgment Dates: 21 December 2004

Catchwords

Medical practitioner - General Medical Council - Preliminary Proceedings Committee - Decision to refer matter to Professional Conduct Committee - Judicial review of decision - Guidance.

The Case

It was appropriate for the court to exercise caution in reviewing a decision of the Preliminary Proceedings Committee (PPC) of the General Medical Council to refer a matter to the professional conduct committee. That caution was particularly appropriate if the court was asked to assess evidence of medical practice, or expert medical reports, with a view to determining whether the PPC could legitimately conclude that there was a real prospect of a charge or charges being proved.

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