![AC-2025-LON-000408 - [2025] EWHC 2846 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
The Issues
The Issues
Whilst there are many sub issues and sub grounds raised by both parties, the key issues arising from these appeals appear to me to be as follows:
The bedroom incident on 20.11.2018
Was the Panel wrong to find that Dr Foy had a reasonable belief that Ms A would consent to being touched on the breast? (the GMC appeal).
The Sofa incident on 2.12.2018
Was the Panel wrong to find that Dr Foy had a reasonable belief that Ms A would consent to her breast being touched as they lay together on the sofa? (the GMC appeal).
Both incidents
Was the Panel wrong to rely on Ms A’s credibility and accept her version of events about the Sofa Incident despite their findings that she had been untruthful about her thesis and other matters and her contradictory evidence? (the Foy appeal).
Was there a serious procedural irregularity in the hearing before the Panel relating to Ms A’s medical records, the burden of proof and some witness transcripts? (the Foy appeal).
Misconduct/impairment/Sanction
Was the Panel wrong to exclude patient status and the close personal relationship from their consideration of misconduct in relation to the Bedroom Incident? (the GMC appeal).
Was the Panel wrong in its findings on misconduct, future risk, impairment and sanction? (the GMC appeal)
- Heading
- The Parties and reporting
- The Panel’s decision, in summary
- The Appeals, in summary
- The Issues
- The Chronology of facts found and some evidence
- The Panel’s Judgment
- The Grounds of Appeal – Dr Foy
- GMC submissions on Grounds 1 and 2 (i), (ii), (v) – credibility of Ms A
- Ground 2(iv), no evidence at all
- Ground 2 (vi), inadequate or absent reasons
- Serious procedural irregularities
- The GMC appeal relating to finding of fact
- The Law
- The Appeal procedure and the test
- Analysis of each of Dr Foy’s Grounds
- The GMC appeal
- Sanction
- The Issues
- Conclusions