Council for the Regulation of Health Care Professionals, R (on the application of) v General Medical Council & Anor, Court of Appeal - Administrative Court, December 08, 2005, [2005] EWHC 2973 (Admin)

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Council for the Regulation of Health Care Professionals, R (on the application of) v General Medical Council & Anor, Court of Appeal - Administrative Court, December 08, 2005, [2005] EWHC 2973 (Admin)

SMITH BERNAL WORDWAVE

CO/4544/2005

Neutral Citation Number: [2005] EWHC 2973 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Thursday, 8th December 2005

B E F O R E:

MR JUSTICE SULLIVAN

- - - - - - -

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)

- - - - - - -

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 R JAY QC AND MS J RICHARDS (instructed by Bevan Britten) appeared on behalf of the APPELLANT

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

- - - - - - -

J U D G M E N T Thursday, 8th December 2005

1. MR JUSTICE SULLIVAN: This is an appeal under section 29 of the National Health Service Reform and Health Care Professions Act 2002 ("the Act") against a decision of the first respondent's Fitness to Practise Panel ("the Panel"), dated 13th May 2005, in respect of a charge brought by the first respondent against the second respondent.

2. Since I have concluded that the case must be remitted to the Panel under section 29(8)(d) with appr...

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