29.44CFahad Ali v General Medical Council [2017] EWHC XXX (Admin)
The GMC’s Medical Practitioners Tribunal had lawfully imposed a condition on a doctor’s registration that he had to comply with a performance assessment
Facts: a number of serious concerns had arisen about the competence of a junior doctor and eventually, after the doctor had refused to undergo an assessment of his professional performance, the GMC’s Medical Practitioners Tribunal (MPT) imposed a condition on his registration that he did so, before a particular date. The doctor appealed.
Judgment: Fraser J held that an appeal regarding the imposition of conditions on a doctor’s practice due to non-compliance, under the Medical Act 1983, could be allowed on the general appeal grounds found in CPR 52.21(3) ie where the appealed decision was wrong or unjust because of a serious procedural or other irregularity. Fraser J then dismissed the appeal on the basis that it was not arguable that the MPT was doing anything other than seeking to uphold the standards of the profession in a reasonable manner.