Source: All England Reporter
Publisher Citation: [2011] All ER (D) 68 (Apr)
Neutral Citation: [2011] EWHC 790 (Admin)
Court: Queen's Bench Division, Administrative Court (Manchester)
Judge:

Judge Pelling QC sitting as a High Court judge
Representation Mr Mahmood (instructed by Ryan Solicitors, Manchester) for the appellant.
  Ivan Hare (instructed by the General Medical Council) for the General Medical Council.
Judgment Dates: 11 March 2011

Catchwords

Medical practitioner - Professional misconduct - Disciplinary proceedings - Appellant doctor's conduct referred to respondent's fitness to practice panel - Panel concluding appellant's fitness to practice impaired - Panel suspending appellant's registration for 12 months - Whether panel erring - s 40.

The Case

Medical practitioner Professional misconduct. The Administrative Court, in allowing the appellant's appeal, held that the respondent General Medical Council's fitness to practice panel had made an incorrect finding of fact and that its approach to the question of whether the appellant's fitness to practice was impaired had been wrong. Consequently the decision would be quashed and the case remitted.

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