England and Wales High Court (Administrative Court) Decisions

IN THE HIGH COURT OF JUSTICE
ADMINISTRATIVE COURT

		Sitting at: Manchester Civil Justice Centre 1 Bridge Street West Manchester M3 3FX
		4th May 2010

Mr Justice Langstaff:

1. This is an application by the General Medical Council for the continuation of an interim order of suspension initially made on 12 November 2007 and renewed by Forbes J on 6 May 2009 for a further 12 months, reviewed at regular intervals as necessary since then and now coming to me for further renewal.
2. Dr Yousufuddin is said to have been the father of a 13-week-old baby which on 2 June 2007 sustained bilateral subdural haematomas. That is indicative of non-accidental injury for a baby of that age and he was interviewed by the police who were considering the question of attempted murder. The latest position on that is that they have confirmed that the investigation is ongoing. The doctor has left the jurisdiction. He is not therefore practising within it and the interim orders panel necessarily feels that no progress is likely to be made unless and until the police conclude sufficient of their investigation to permit it, which has not yet happened. That itself in turn is hampered by the absence of the doctor in India from whence he originally came.
3. In those circumstances I have to consider applying the familiar law from statute as explained in the case of GMC v Hiew [2007] EWCA Civ 369, whether to continue the suspension would be a proportionate response in the interests of the public and the doctor. It seems to me that although one can see a string in this case of extensions into the future unless and until the police and the doctor are able to grapple with the issues arising out of the allegation of attempted murder, there is no sensible alternative. The issue is all one way and I have no hesitation in granting the interim order which is sought. There is it seems to me very little if anything at all which can be said to show that it is arguably disproportionate..
4. MR SMITH : My Lord, thank you. Perhaps, my Lord, if I were to simply hand in the draft. Again if I do very much the same thing. If my Lord is able to just have a preliminary look at that order ...
5. MR JUSTICE LANGSTAFF : Thank you.
6. MR SMITH : ... and the only other outstanding matter would be for me to ask again for a summary assessment of the GMC's costs.
7. MR JUSTICE LANGSTAFF : Yes, well you don't want an order for the payment of costs, do you? You have just ordered summary assessment here.
8. MR SMITH : I know it's ... I am not asking for that order in precisely those terms
9. MR JUSTICE LANGSTAFF : Well it needs ... when it comes back to me it does need to say that I am ordering the GMC to ... sorry the doctor to pay the GMC the costs.
10. MR SMITH : It will. I am simply showing my Lord the substance of the order ...
11. MR JUSTICE LANGSTAFF : Yes.
12. MR SMITH : What I do ask is for a summary assessment of the costs and ...
13. MR JUSTICE LANGSTAFF : Now where have I got that?
14. MR SMITH : In this case the sum of £2,309.50.
15. MR JUSTICE LANGSTAFF : Sorry do you happen to have the schedule?
16. MR SMITH : I will hand you the schedule. It is £2,309.50 and I think this will also include costs referable to an application to serve the doctor by email and on his last known address in the United Kingdom. My Lord may have seen the short service bundle but my Lord will have seen that emails have been sent to the doctor and an email was sent indeed with a draft consent order inviting his consent.
17. MR JUSTICE LANGSTAFF : Yes. Well, it seems to me be entirely reasonable. So ordered.
18. MR SMITH : Thank you.
19. MR JUSTICE LANGSTAFF : If I pass the draft order back to you, you will have to perfect the order.
20. MR SMITH : My Lord if my Lord were able to provide me with his clerk's email perhaps, then I...
21. MR JUSTICE LANGSTAFF : Yes, when I rise the associate will sort you out with that.
22. MR SMITH : Thank you very much, my Lord.
23. MR JUSTICE LANGSTAFF : It may be that he might prefer you to come into the court office. I shall leave that to you and to him.
24. MR SMITH : Certainly.
25. MR JUSTICE LANGSTAFF : Thank you very much.