General Medical Council v Davoodi-Semiromi

An interim order restricting a doctor’s practice may be extended under section 41A of the Medical Act 1983 where the extension is necessary for the protection of the public and in the public interest. The court must also take the doctor’s interests into account. Serious allegations, supported by evidence, and the need to complete regulatory proceedings may justify an extension. Effective service is established where the defendant has received the proceedings, understands the application and has had adequate notice.

The General Medical Council applied under section 41A of the Medical Act 1983 to extend for eight months an interim order of conditions imposed by an Interim Orders Panel on 4 January 2013. The defendant was based in the United States and did not attend or appear by a representative.

The court considered whether the proceedings had been adequately served and whether continuation of the interim conditions was necessary for public protection and in the public interest, having regard also to the defendant’s interests.

1. The defendant had been adequately served. She had received the claim documents by courier and email, understood the application, acknowledged the consequences of failing to respond and had adequate time to take advice or attend. The claimant undertook to file a short witness statement exhibiting and summarising the service material.
2. The application was to be determined under section 41A of the Medical Act 1983 and in accordance with the Court of Appeal’s decision in Hiew. The court had to assess, on the allegations made, whether the interim order remained necessary for the protection of the public in the public interest, while taking the doctor’s interests into account.
3. The allegations were serious and were supported by witness statements from medical practitioners. They included alleged inability to take a patient history, inappropriate amendment of patient records, an erroneous fixation concerning a patient believed to be brain dead, and disruption of an intensive care unit.
4. The conditions originally imposed were appropriate. Their extension was justified to enable the General Medical Council to complete its regulatory activities. The order sought was therefore made for eight months, with costs assessed at £1,668.

The judgment describes an interim order of conditions imposed by an Interim Orders Panel on 4 January 2013. The present court granted the General Medical Council’s application to extend that order for eight months.