R (Lee) v General Medical Council

The Administrative Court has resolved issues of law arising out of the General Medical Council’s decision to bring fitness to practise proceedings against a surgeon.

The first issue of law was whether a doctor had a duty to notify the GMC promptly of adverse disciplinary findings contained in a foreign regulator’s decision, whilst that decision was under appeal abroad.

The second issue of law was whether the time limit set out in Rule 4(5) of the GMC’s rules, in a foreign regulator case, starts to run from the last act of misconduct abroad, or the date of the foreign regulator’s determination (or some other date).

The third issue of law was whether (as the GMC contended) the Claimant ought to have applied for judicial review of the GMC Registrar’s decision on Rule 4(5) at the initial stage of its procedures, or (as the Claimant contended) was entitled to ask a Fitness to Practise panel to review the issue, and then apply for judicial review of that panel’s adverse decision.

The Court resolved all three questions in favour of the GMC.

The full judgment can be read here: http://www.bailii.org/ew/cases/EWHC/Admin/2016/135.html

Mike Fordham QC and Jason Pobjoy acted for the Claimant.
David Pievsky acted for the General Medical Council.