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

The Administrative Court may extend a regulatory suspension where new information makes continued suspension appropriate. Confidential material supplied for the application may be protected from disclosure to non-parties where its confidential character justifies that restriction. Where a defendant does not consent to the proposed order and has not voluntarily removed himself from the relevant register, costs may be awarded to the claimant, subject to detailed assessment.

The General Medical Council applied for orders concerning the registration of the defendant. Earlier orders had imposed conditions on his registration. In April 2007, following new information, the claimant imposed a suspension due to expire on 27 May 2007. The defendant did not attend or consent to the proposed order. The court considered whether the suspension should be extended, whether documents relating to the application should remain confidential, and the appropriate costs order.

1. Suspension. The new information provided to the court justified extending the existing suspension. The suspension was accordingly extended for a further 12 months, expiring on 27 May 2008.
2. Confidentiality. Documents relating to the application were not to be disclosed to non-parties, except with the court’s permission. The restriction did not apply to the claim form or the order. The court directed that any application for disclosure must be made on notice to the parties because the supplied information was confidential and required protection pending further order.
3. Costs. The defendant had at one stage volunteered to remove himself from the register, but had not done so and had not consented to the proposed order. The claimant was therefore entitled to an order for costs. The court declined to assess the costs at the amount stated in the claimant’s statement of costs and ordered detailed assessment.