![AC-2024-MAN-000469 - [2025] EWHC 2049 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
Introduction
Introduction
This is an appeal brought by Dr David James (“the Appellant”) under section 40 of the Medical Act 1983 against a decision of the Medical Practitioners Tribunal (“the Tribunal”) made on 18 July 2024. The Tribunal found that the Appellant had slapped a patient in the face on 9 August 2019 whilst providing anaesthetic care and imposed a three-month suspension without review.
On 1 July 2025 an order was made under CPR 39.2(4) that the patient is to be known for the purposes of these proceedings as Patient A and that there should be no reference in any report of the proceedings to his name, address, or other details leading to his identification.
The Appellant was represented on the appeal by Vivenne Tanchel and the Respondent by Alexis Hearnden. I was greatly assisted by the clear and comprehensive submissions of both counsel. Ms Tanchel had represented the Appellant before the Tribunal and in the earlier criminal proceedings.
- Heading
- Introduction
- The factual background
- The fitness to practise hearing
- Evidence relevant to paragraph 1a of the Allegation relied on by the Respondent
- The no case to answer submission and the Tribunal’s determination on it
- The Appellant’s evidence
- The Tribunal’s determination at the conclusion of the evidence
- The legal framework
- Appeals challenging findings of fact
- The assessment of witness evidence and the giving of reasons
- The grounds of appeal in overview
- Grounds 1-3
- Ground 4
- Grounds 5 and 6
- Conclusions