General Medical Council v Jagjivan and another – WLR Daily

Posted June 7th, 2017 in doctors, jurisdiction, law reports, tribunals by sally

General Medical Council v Jagjivan and another [2017] EWHC 1247 (Admin)

‘Where, at the conclusion of a hearing by the Medical Practitioners Tribunal, a direction under section 35D of the Medical Act 1983 has not been given, on the ordinary wording of section 40A(1)(d) of the Act the tribunal has made a decision not to give a direction under section 35D. Accordingly, where the tribunal has made such a decision, the General Medical Council has jurisdiction to appeal, pursuant to section 40A, against that decision. The words “after determining that the person’s fitness to practise is impaired” are not present at the end of section 40A(1)(d) and do not require to be read into that subsection. Moreover, it would be anomalous if the General Medical Council’s right of appeal were confined to cases where the tribunal had made a finding of impairment or imposed some sanction, and no regard could be had to an erroneous failure by the tribunal to find an impairment of fitness to practise (paras 27, 32).’

WLR Daily, 26th May 2017