QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| Professional Standards Authority for Health and Social Care
|- and -
|General Medical Council
Dr David Henry Dighton
Mr Ivan Hare QC (instructed by GMC Legal) for the First Respondent
Radcliffes Le Brasseur for the Second Respondent
Crown Copyright ©
Mrs Justice Farbey :
"I can confirm based on the papers received to date, subject to anything that might otherwise be raised in your skeleton argument, the GMC is minded to take a neutral stance on the appeal and would not be actively defending the appeal. Therefore you can, on that basis, consider whether you can seek agreement with Dr Dighton. Therefore, as previously has been the GMC's position in similar circumstances, the GMC consider that costs would be a matter between the PSA and Dr Dighton.
Can I please confirm what steps have been taken with Dr Dighton's representatives to seek agreement at this stage?"
"If suspension was inappropriate (as the PSA submit) then that is not the responsibility of Dr Dighton. On the PSA's approach Dr Dighton would be compelled to defend the correctness of the MPT decision which was based upon the submission of the GMC, with the consequent risk on costs, simply to secure his own voluntary erasure…
Dr Dighton does not think that it would be right for him to consent to the PSA's appeal and does not agree that any order for costs should be made against him since the PSA's appeal seeks to correct the consequences of a submission made by the GMC."
The parties' submissions