PRT Case Commentary- Chaudhuri and Gosalakkal

Posted by Katharine Blackburn on


R (on the application Chaudhuri) v General Medical Council

Judgment

This case is a reminder to all regulators that where a decision has been made on the basis of a fundamental mistake of fact, they should correct decisions without judicial intervention. To do otherwise would, according to Haddon-Cave J, be "to allow process to triumph over common sense".

Gosalakkal v General Medical Council [2015] EWHC 2445 (Admin)

Judgment

This case highlighted that the decision of a professional panel is one of a specialist panel that has an understanding of what is expected of the profession and should be accorded specialist respect. It also emphasised that conduct which falls outside the course of professional practice can still amount to serious misconduct, so long as there is a link with the profession. This conduct does not need to be repeated or continuous in order for misconduct to be found.

About the Authors

Katharine is a barrister with 17 years’ experience. She is a professional support lawyer at Blake Morgan.

Katharine Blackburn
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Amy is a Solicitor in the Family Law team, based in London.

Amy Fullerton
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