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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2 |
||
B e f o r e :
____________________
THE QUEEN ON THE APPLICATION OF COUNCIL FOR THE REGULATION OF HEALTH CARE PROFESSIONALS | (APPELLANT) | |
-v- | ||
(1) GENERAL MEDICAL COUNCIL | (FIRST RESPONDENT) | |
AND | ||
(2) DR MAHESH RAJESHWAR | (SECOND RESPONDENT) |
____________________
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 R ENGLEHART QC (instructed by Field Fisher) appeared on behalf of the FIRST RESPONDENT
MR K COONAN QC AND MS C LAMBERT (instructed by Radcliffes Le Brasseur) appeared on behalf of the SECOND RESPONDENT
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Crown Copyright ©
Thursday, 8th December 2005
"... has been unduly lenient, whether as to any finding of professional misconduct or fitness to practise on the part of the practitioner concerned (or lack of such a finding), or as to any penalty imposed, or both...
...
And that it would be desirable for the protection of members of the public for the Council to take action under this section, the Council may refer the case to the relevant court."
What is the consequence of this procedural failure?
"It may be that the court will find that there has been a serious procedural or other irregularity in the proceedings before the disciplinary tribunal. In those circumstances it may be unable to decide whether the decision as to penalty was appropriate or not. In such circumstances the court can allow the appeal and remit the case to the disciplinary tribunal with directions as to how to proceed, pursuant to CPR r 52.11(3)(b) and section 29(8)(d) of the Act."
"In the light of the agreement made between our respective clients, we seek confirmation that our client's liability for CHRE's costs will cease as of 28 June 2005."
"Our client offers that your client's liability for payment of our client's costs should cease as of 21 days from the date of service of our client's skeleton argument but should include [and then there is important words in the brackets] (in the event that the parties agree settlement of the appeal subject to the court's approval and directions) the costs of and occasioned by disposal (including the costs of the disposal hearing if necessary)..."