BMA loses challenge to “unfair” GMC rule

BMJ 2016; 353 doi: (Published 08 May 2016) Cite this as: BMJ 2016;353:i2608
  1. Clare Dyer
  1. The BMJ

The BMA has lost its challenge in the High Court to a new General Medical Council rule for fitness to practise tribunals that the doctors’ union had branded unfair and “irrational.”

The rule that legally qualified chairs could give advice to other tribunal members during their private deliberations without disclosing it to the doctor facing misconduct allegations breached the right to a fair hearing, the BMA argued at the High Court in London.

The new rule was adopted in December 2015 after the GMC decided to use lawyers to chair tribunals in some cases, doing away with the need for a legal assessor in those cases. Unless the …

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