Source: All England Reporter
Publisher Citation: [2002] All ER (D) 61 (Nov)
Court: Privy Council

Lord Hope of Craighead, Lord walker of Gestingthorpe, Sir Murray Stuart-Smith, Justice Gault and Sir Phillip Otton

Judgment Dates: 5 November 2002


Medicine - General Medical Council - Professional Conduct Committee - Procedural irregularity - Legal assessor proffering opinion and advice as to appropriate sanction after finding of serious professional misconduct - General Medical Council (Legal Assessors) Rules 1980, r 4.

The Case

There had been a serious procedural irregularity during the in camera deliberations of the Professional Conduct Committee of the General Medical Council in that the legal assessor had offered erroneous legal advice as to the propriety of imposing a condition that a surgeon, who had been found guilty of serious professional misconduct, should be subject to a condition that he should no longer practise surgery. Moreover, that advice had not been disclosed to the parties in accordance with the General Medical Council (Legal Assessors) Rules 1980.

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