Additional allegations against the first appellant
Additional allegations against the first appellant
The first appellant faced the following additional allegations:
“4. In January 2019 you gave oral evidence to the First Tier Tribunal (‘FTT’) under oath words to the effect that you were unaware:
a. until 1 November 2018 that there was to be a handover to Federated4Health as caretaking practice;
b. an application to cancel Staunton Group Practice’s CQC registration was to be made to the Magistrates Court on 6 November 2018.
5. You knew your evidence referred to:
a. at paragraph 4a to be untrue in that you:
i. had provided a witness statement for the purposes of the FTT proceedings in which you acknowledge that Forest Road Group Practice’s contract was coming to an end and that Federated4Health would take over as the new caretaker practice;
ii. had instructed solicitors to object to the handover to Federated4Health prior to 1 November 2018;
b. at paragraph 4b to be untrue in that you had instructed a solicitor to appear at the Magistrates Court on your behalf.
6. Your actions at paragraph 4 were dishonest by reason of paragraph 5.”
- Heading
- Mrs Justice Farbey DBE
- Anonymity
- Legal framework for appeals
- The EA 2010
- Factual background
- The GMC proceedings: interim stages
- The first set of judicial review proceedings: decision by Eyre J
- The common allegations
- Additional allegations against the first appellant
- Additional allegations against the second appellant
- The course of the proceedings
- The abuse of process decision
- Adjournment
- The second set of judicial review proceedings: decision of Mr Paul Bowen KC
- The MPTS proceedings: Part 2
- The first appellant
- The second appellant
- Dr Strommer’s position
- Grounds 1-5: The effect of the previous judicial review proceedings
- Res judicata: legal framework
- The appellants’ submissions
- The respondent’s submissions
- Discussion
- Grounds 1-5 : The abuse of process decision
- Grounds 2, 4 and 5
- Ground 6
- Appeal against sanction: Grounds 7 and 8
- Conclusions
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