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England and Wales High Court (Administrative Court) Decisions
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General Medical Council, R (on the application of) v Jena [2005] EWHC 2851 (Admin) (02 November 2005)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2005/2851.html
Cite as:
[2005] EWHC 2851 (Admin)
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Neutral Citation Number: [2005] EWHC 2851 (Admin) |
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CO/8631/2005 |
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
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Royal Courts of Justice Strand London WC2
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2nd November 2005 |
B e f o r e :
MR JUSTICE NEWMAN
____________________
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THE QUEEN ON THE APPLICATION OF GENERAL MEDICAL COUNCIL |
(CLAIMANT) |
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-v- |
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JENA |
(DEFENDANT) |
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Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
____________________
MR I HARE (instructed by General Medical Council) appeared on behalf of the CLAIMANT
The DEFENDANT did not attend and was not represented
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HTML VERSION OF JUDGMENT
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Crown Copyright ©
- MR JUSTICE NEWMAN: I have before me an application by the General Medical Council to extend the period of time on an interim order for suspension which has been imposed upon the defendant, Dr Jena. He is presently in prison. His estimated date for release is January 2006. The hearing of the disciplinary proceedings before the General Medical Council has been adjourned at his request and will not take place for at least some months into next year. In the circumstances, the request is that the court order the suspension to continue for 12 months from today, to expire on 12th November 2006.
- The defendant has not been represented, and nor am I satisfied at this stage that he knows of the proceedings taking place today. In the circumstances, I have had to consider how best to protect his interests. For the avoidance of expense and difficulty, but nevertheless to protect his rights, I have acceded to the request to make an order for an extension of time of 12 months to expire on 12th November 20006. But in the light of the availability that he has within three months to make representations to the Committee for the order not to be continued, it seems to me that his rights are adequately protected if I give him liberty to apply on 14 days' notice, such liberty to apply to discharge the order only to prevail in the period which runs from today until the date of the review hearing which may be in the region of some three months.
- Thank you very much indeed. No order as to costs. There will be a transcript which will be sent to me and I will check it and then it will be available. A transcript of these proceedings should be supplied to the defendant. Thank you very much to you and your colleague for coming to deal with it. It saves a lot of time.