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High Court quashes a GMC decision for third time in a month

BMJ 2012; 345 doi: https://doi.org/10.1136/bmj.e8130 (Published 28 November 2012) Cite this as: BMJ 2012;345:e8130
  1. Clare Dyer
  1. 1BMJ

The High Court has quashed a decision of the General Medical Council’s interim orders panel and criticised its reasoning, in the third such case in a month.

Judge Mark Pelling revoked an order imposing conditions on Fazal Hussain’s practice pending a full hearing of misconduct allegations against him by the UK medical regulator.

The judge said, “It seems to me barely arguable that the continued imposition of these conditions can fulfil the requirement of proportionality.”

His judgment at the High Court in Manchester was delivered at the end of September but has only just been published. It came within a month of two High Court decisions in September and October lifting interim suspensions on doctors that were held to have been backed by flawed reasoning.

The conditions, originally imposed on Hussain in June 2011 and renewed most recently in June 2012, seemed …

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