Source: All England Reporter
Publisher Citation: [2002] All ER (D) 412 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Laws, Jonathan Parker and Keene LJJ

Representation Murray Hunt (instructed by Graeme John with Berwyn Davies & Co, Aberdare) for the claimants.
  Mark Shaw QC (instructed by Field Fisher Waterhouse) for the defendant.
  Mary O'Rourke (instructed by Radcliffes Le Brasseur) for S as interested party.
Judgment Dates: 28 October 2002

Catchwords

Medicine - General Medical Council - Preliminary Proceedings Committee - Test to ascertain whether complaint should proceed to Professional Conduct Committee - Committee applying wrong test.

The Case

A decision taken by a body such as the Preliminary Proceedings Committee (PPC) of the General Medical Council had to stand or fall by the wording in which it was expressed, as those affected by such a decision had to be able to take it at face value. In the instant case, the terms of a decision letter to the claimants, read as a whole, clearly indicated that the PPC had applied the wrong tests to a complaint, and accordingly its decision had to be quashed.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.