Source: All England Reporter
Publisher Citation: [2002] All ER (D) 195 (Jul)
Court: Administrative Court
Judge:

Crane J

Representation Beverley Lang QC (instructed by Field Fisher Waterhouse) for the claimant.
  Angus Moon (instructed by Radcliffe Le Brasseur) for the defendant.
Judgment Dates: 12 July 2002

Catchwords

Human rights - Fair trial - Civil right - Medical practitioner - Disciplinary proceedings - Complaints made against medical practitioner - Disciplinary committee placing conditions on practitioner's right to practice - General medical council applying to court to extend conditions - Practitioner submitting length of proceedings in breach of Convention rights - Whether proceedings commenced by imposition of conditions - Whether length of proceedings excessive - European Convention on Human Rights, art 6(1) - s 41A

The Case

When assessing whether the length of civil proceedings were sufficiently long that there had been a breach of art6 of the European Convention on Human Rights, the method of calculating when the proceedings commenced was analogous to that used in criminal proceedings. It followed that the order made against a defendant by the General Medical Council, restricting his practice, did not equate to the commencement of proceedings, since it was equivalent to a suspect being released on police bail without charge, or having a restraint order made against him.

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