General Medical Council v Beshir

[2009] EWHC 531 (Admin)

Case details

Case citations
[2009] EWHC 531 (Admin)
Court
High Court (Administrative Court)
Judgment date
2 March 2009
Judgment text

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Subjects
Administrative Professional discipline Procedural orders
Keywords
General Medical Council medical disciplinary proceedings extension of time absent respondent non-co-operation prescription forms costs
Outcome
application granted (12-month extension; costs assessed at £3,485.50)
Judicial consideration

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Summary

The court may grant a requested extension in a serious professional disciplinary matter after reviewing the papers, even where the respondent is abroad, absent and unwilling to co-operate. The judgment contains no wider discussion of the legal test governing extensions. The application was granted for 12 months, with costs assessed at £3,485.50.

Factual background

The General Medical Council applied for a 12-month extension in disciplinary proceedings concerning Dr Beshir’s use of prescription forms. Dr Beshir was in Sudan, was not represented, had indicated that he wished to have his name removed from the register, and had declined to co-operate or return. Mr Justice Cranston considered the papers and granted the extension. He also considered the GMC’s costs schedule.

Held

  1. Extension. Having read the papers, the court regarded the matter as serious and accepted the GMC’s application for a 12-month extension. The respondent’s absence abroad and stated lack of co-operation did not prevent the court from granting the extension on the material before it.
  2. Costs. The court accepted that the costs claimed were standard and that the work had been carried out in-house. Costs were assessed at £3,485.50.

The judgment gives no further reasoning on the statutory or procedural basis for the extension and records no contested argument on behalf of the defendant.

The court’s approach to earlier authorities

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Key cases cited

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Cases citing this case

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