| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 47 (Jan) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Chadwick, Laws LJJ and Sir Peter Gibson |
| Representation | The first doctor appeared in person. |
| John Hardy (instructed by Stokoe Partnership) for the second doctor. | |
| Robert Englehart QC and Ivan Hare (instructed by G M C Legal Services) for the General Medical Council. | |
| Judgment Dates: | 15 January 2007 |
Catchwords
Medical practitioner - Professional misconduct - Disciplinary proceedings - Appeal - Appeals to High Court against sanctions imposed by fitness to practise panel - Whether High Court should follow guidance set by Privy Council under old appellate regime.
The Case
In considering appeals under s40 of the against sanctions imposed by the fitness to practise panel of the General Medical Council on doctors found guilty of serious professional misconduct, the High Court should follow the guidance given in the cases before the change in the appeal system, since the statutory regime was effectively identical. The specialist panel was not primarily concerned with retributive justice, but with the standards and reputation of the profession, and considerations which would normally weigh in mitigation of punishment had less effect on the exercise of that kind of jurisdiction. It was necessary to respect the expertise of the panel in deciding what was necessary to maintain the standards and reputation of the profession.
Practice Areas
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