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

An interim suspension of a doctor may properly be extended where the doctor faces serious criminal charges abroad, remains in custody there, and is awaiting trial. The court may extend the suspension for a period appropriate to the circumstances where continuation is necessary and there is no practical alternative. A necessary application for such an extension may attract an order for costs, including summary assessment.

The General Medical Council sought a further extension of an interim order suspending the defendant doctor from practice. The order had first been imposed in August 2006 and had continued through the Council’s actions and earlier orders of the court.

The doctor faced criminal charges in the United States concerning alleged support for the Tamil Tigers of Sri Lanka. He was in custody in the United States awaiting trial, listed for 6 April 2009. Although the hearing had been properly served, he neither attended nor made representations. The issues were whether the interim suspension should be extended and, if so, the appropriate period and costs.

1. Extension of interim suspension. The court extended the interim order of suspension for 12 months from 28 February 2009. The doctor remained in custody in the United States and faced a forthcoming criminal trial. In those circumstances, continuation of the suspension was entirely appropriate and there was no practical alternative.
2. Procedural fairness. The hearing had been properly served on the doctor. His absence and failure to respond did not prevent determination of the application.
3. Costs. The application was necessary. The court therefore awarded the General Medical Council its costs, summarily assessed at £2,446.

The judgment describes the interim suspension as having been imposed in August 2006 and continued through the General Medical Council’s activities and orders of the court. No further appellate history is stated.