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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> General Medical Council v Adu [2013] EWHC 4484 (Admin) (15 October 2013)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2013/4484.html
Cite as: [2013] EWHC 4484 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
1 Bridge Street West Manchester Greater Manchester M60 9DJ |
||
B e f o r e :
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| GENERAL MEDICAL COUNCIL | Claimant | |
| v | ||
| ADU | Defendant |
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WordWave International Limited
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The Defendant did not appear and was nor represented
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- MR JUSTICE HADDON-CAVE: This is an application by the General Medical Council, pursuant to section 41A(6)(vii) of the Medical Act 1983 for an order extending, for a period of 4 months, an interim order of suspension. That was originally imposed by the IOP in this matter on Dr Coffey Adu on 16th April 2012. The order was subject to three statutory reviews: in September 2012, March 2013 and July 2013 and on each occasion the order for suspension was maintained.
- The background to the matter is a series of serious allegations against Dr Adu that were lodged by the GMC relating to a range of professional matters going to the heart of his fitness to practise.
- The matter can be dealt with shortly in view of the fact that these allegations have in fact, as Mr Tim Smith informs me this morning and has shown me, being subject to an actual determination by the FPP in a determination dated 8th May 2013, where the lion's share of the allegations have been found to have been proved. The IOP is due to expire today. The fitness to practise hearing is set down for 16th to 19th December 2013. It is in that context that an extension of 4 months is sought today to give ample headroom.
- The first issue I need to deal with is the question of service. The defendant was served with these proceedings on 27th September 2013. I have before me a certificate of service. Technically the defendant has until close of play today to serve grounds in response. Mr Smith asks me to abridge time for service. I do so readily.
- This is a case in which there is ample evidence to show that the defendant has ignored repeated letters and e-mails regarding these proceedings and shown now, little or no interest in them. This may well be due to the fact that the FPP has made a determination in relation to the allegations in question.
- I have been much assisted by the detailed and helpful skeleton argument of Mr Tim Smith which rehearses in detail the allegations (now findings) against the defendant, the procedural history and the applicable law which is well trodden in this area. The overriding duty of the General Medical Council and the court is to ensure the public interest, which includes protection of patients. The maintenance of public confidence in the profession and upholding proper standards of conduct and behavior.
- Dr Adu did not seek to challenge the IOP order of 16th April 2012. He was present at the IOP review hearing on 25th July but did not object to continuance of the suspension order. He is not present or represented today. In my view, this is a "clear and apparent case" for an extension in the public interest. I therefore accede to the application by the General Medical Council for an extension of the interim order of suspension for a period of 4 months from today. I, therefore, make an order, granting the 4 month extension of the interim order together with the costs.
- MR SMITH: Can I hand in first a schedule of costs. I believe there may be in my Lord's papers a draft order.
- MR JUSTICE HADDON-CAVE: I was just looking for that.
- MR SMITH: I have taken it out of my bundle. My Lord has one dated at tab 7. I do not know whether ...
- MR JUSTICE HADDON-CAVE: Try again.
- MR SMITH: Can I hand in one, which I am grateful to my instructing solicitors for preparing a slightly more detailed version. I think the one my Lord may have had was the one which was in anticipation of the order being consented to.
- MR JUSTICE HADDON-CAVE: Hope springs eternal.
- MR SMITH: My Lord yes. My Lord, I am happy to file the formal order with the court through e-mail channels. My Lord, the order my Lord sees would need to be completed as far as my Lord's title at the beginning of the order of course. The period now rightly goes to the 14th, not the 15th February 2014. There is a provision for costs. The costs schedule that my Lord sees the costs claim in a total sum of £1609.
- MR JUSTICE HADDON-CAVE: Do I have a costs schedule?
- MR SMITH: I did hand it in.
- MR JUSTICE HADDON-CAVE: Yes. Thank you. It seems reasonable. Granted.
- MR SMITH: My Lord, thank you.
- My Lord, the only other matter is whether my Lord would wish in the order to include any provision for the defendant to be at liberty to vary or discharge on notice within 14 days.
- MR JUSTICE HADDON-CAVE: No.
- MR SMITH: I just raise the question.
- MR JUSTICE HADDON-CAVE: Thank you.
- MR SMITH: In that case my Lord, I do not seek any other amendments to that order. If my Lord is content with that that can form the order to be filed.
- MR JUSTICE HADDON-CAVE: Paragraph 1(e), the interim suspension be extended for a period of 4 months, now to expire at the end of it should be technically 14th February; is that right?
- MR SMITH: My Lord, yes.
- MR JUSTICE HADDON-CAVE: Rather than 14th October.
- MR SMITH: I am reading from one that does say 14th February.
- MR JUSTICE HADDON-CAVE: Simply to keep the court alert. If you would like to have a clean copy drawn up it can be e-mailed to my clerk and details given to you by the court usher, I would be much obliged. I can sign it any time today. I hand these papers and the draft order is on the top of that, the manuscript is on the top.
- MR SMITH: Thank you.