||All England Reporter
|| All ER (D) 412 (Oct)
||Court of Appeal, Civil Division
Laws, Jonathan Parker and Keene LJJ
||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.
||28 October 2002
Medicine - General Medical Council - Preliminary Proceedings Committee - Test to ascertain whether complaint should proceed to Professional Conduct Committee - Committee applying wrong test.
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.
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