In December 2013 Dr A, a Consultant Plastic and Aesthetic Surgeon was found unfit to practise by a Fitness to Practise Panel of the Medical Practitioners Tribunal Service (part of the General Medical Council). The disciplinary hearing had proceeded in his absence and the Doctor was unrepresented. The Panel erased his name from the medical register.
Dr A then approached Simon Gurney directly, rather than via a solicitor, to represent him in his appeal to the High Court against the decision of the Fitness to Practise Panel.
Simon appeared before the High Court in May 2014 and argued that the disciplinary hearing should not have proceeded in Dr A’s absence and, further, that the manner in which the hearing was conducted was unfair. On 1st August 2014 HHJ Graham Wood Q.C. (sitting as a Deputy Judge of the High Court) quashed the Panel’s findings and remitted the case for a re-hearing before a new Panel.
Following the High Court’s decision, the GMC sought to suspend Dr A from practice pending the fresh disciplinary hearing by seeking the imposition of an interim order of suspension from an Interim Orders Panel.
Simon resisted the GMC’s application by pursuing a novel preliminary legal argument which he deployed in order to exclude from the evidence before the Panel a substantial body of material which had formed the basis of a previous interim order. The Panel agreed with Simon’s argument.
The GMC attempted to have that decision reviewed by a later Interim Orders Panel. Simon successfully resisted this attempt and the Panel upheld the previous decision on the admissibility of evidence.
Thanks to Simon’s efforts in limiting the material that was admissible in the hearing, the Panel declined to impose an interim order suspending Dr A from practice. Consequently Dr A is now free to return to his practice as a surgeon pending the outcome of the fitness to practise hearing which is as yet unscheduled.
Simon has a successful practice representing professionals facing disciplinary proceedings, whether they be doctors, nurses, pharmacists or police officers. Simon is happy to advise and represent individuals across the professions in disciplinary or criminal proceedings. For further information please contact our Senior Clerk, David Wright on 0161 832 5701 or by e-mail dwright@lincolnhousechambers.com