General Medical Council, R (on the application of) v Sourial

The court may extend an interim suspension of a medical practitioner's registration where the statutory grounds for extension are demonstrated to the court's satisfaction. The extension may be ordered for a defined further period. Where the practitioner fails to attend despite being notified and could reasonably have consented to the extension, the court may order the practitioner to pay the additional costs occasioned by the hearing.

The General Medical Council applied for a further one-year extension of an interim suspension of Dr Sourial's registration. The suspension was due to expire on 27 April 2005, and had previously been extended by consent while awaiting a hearing before the Professional Conduct Committee. Dr Sourial did not attend the application, although her solicitors had been notified. The central issues were whether the statutory conditions for a further extension were met and who should bear the costs of the hearing.

1. The application was granted. Having considered the evidence of Anthony Omo and the matters pleaded at paragraph 54 of the particulars of claim, the court was satisfied that the grounds for extension had been demonstrated.
2. Under section 41(a)(6) and (7) of the Medical Act 1983, the interim suspension of Dr Sourial's registration was extended to 27 April 2006.
3. Dr Sourial had been informed by several letters sent to her solicitors of the need for the extension and of the hearing, but neither she nor her solicitors attended. The court considered that the additional costs of counsel's attendance could have been avoided if she had consented to the extension reasonably promptly.
4. Dr Sourial was therefore ordered to pay the costs of the hearing, subject to detailed assessment.

Not stated in the judgment.