The General Medical Council v Chandra (Rev 1)

On an appeal under section 40A(6) of the Medical Act 1983, the court may remit the matter to the Medical Practitioners Tribunal with directions while leaving the practitioner on the medical register pending reconsideration. A prior quashing order is not a necessary precondition to remission.

The General Medical Council appealed against the dismissal by Mrs Justice Moulder of its appeal from a Medical Practitioners Tribunal decision restoring Dr Chandra to the medical register. The Court of Appeal had indicated that it intended to allow the appeal, subject to a further hearing on consequential matters. The central issue was whether remission under section 40A(6)(d) of the Medical Act 1983 required the lower court’s order, or the tribunal’s decision, first to be quashed.

1. Disposition. The appeal was allowed. The order made by Mrs Justice Moulder was quashed, and the matter was remitted to the Medical Practitioners Tribunal under section 40A(6)(d) of the Medical Act 1983 for reconsideration in accordance with the Court of Appeal’s directions. Pending the remitted hearing, Dr Chandra remained on the medical register and could continue in practice.
2. Statutory power. Section 40A(6) provides alternative forms of appellate relief, including remission to the MPTS for disposal by a tribunal in accordance with the court’s directions. That power enabled the court to remit the matter while preserving Dr Chandra’s position pending reconsideration.
3. No prior quashing required. The court rejected the GMC’s submission that the MPTS was functus officio after making its decision and that a quashing order was therefore required before remission.
4. Quashing Mrs Justice Moulder’s order left the original tribunal order in place, subject to the direction that the matter be reconsidered on remission.

• Court of Appeal (Civil Division): appeal allowed; the order of Mrs Justice Moulder was quashed and the matter remitted under section 40A(6)(d) of the Medical Act 1983.
• High Court of Justice, Queen’s Bench Division (Administrative Court): Mrs Justice Moulder dismissed the GMC’s appeal from the tribunal’s decision: [2017] EWHC 2556 (Admin).
• Medical Practitioners Tribunal: restored Dr Chandra’s name to the medical register.