Malik v General Medical Council

An appellate court hearing a statutory appeal has power to control its proceedings and, in appropriate circumstances, strike out an appeal which has not been pursued. Civil Procedure Rules 1998, rule 52.9 provides a sufficient basis where there is a compelling reason to strike out the appeal notice. A failure to attend the listed hearing, without explanation or an application for an adjournment, may justify that course. Costs may be summarily assessed where appropriate.

The claimant brought a statutory appeal under section 40 of the Medical Act 1983 against findings and sanctions imposed by a Fitness to Practise Panel. He had been notified of the hearing but did not attend, was unrepresented, and provided no explanation or adjournment application. The court considered whether the appeal should be struck out or heard on the merits, including the relevance of Civil Procedure Rules 1998, rules 39.3 and 52.9. The central issue was whether the court had power to strike out an unpursued statutory appeal.

1. The appeal was struck out. The claimant had been duly notified of the hearing, did not attend after a period of grace, and had not pursued the appeal or sought an adjournment.
2. An appellate court, including the Administrative Court when hearing a statutory appeal under section 40 of the Medical Act 1983, must have power to control its proceedings and, in appropriate circumstances, strike out the appeal.
3. The court noted that in Howard v Stanton [2011] EWCA Civ 1481, at paragraph 5, Lewison LJ had raised but not determined whether rule 39.3 applied to an appeal. That question did not need to be resolved in the present case.
4. The relevant power was sufficiently governed by rule 52.9 of the Civil Procedure Rules 1998, which permits an appeal notice to be struck out where there is a compelling reason to do so. The failure to pursue this appeal supplied such a reason.
5. The defendant’s costs were summarily assessed at £9,650, including VAT.

The judgment describes a statutory appeal from findings of fact and sanctions imposed by a Fitness to Practise Panel. The Administrative Court struck out the appeal notice because the claimant did not attend or pursue the appeal.