Adjournment
Adjournment
On 19 July 2023, the Tribunal granted the appellants’ application to adjourn the MPTS proceedings by one day in order to enable the appellants to lodge a claim for judicial review of the abuse of process decision. On the same day, the appellants commenced judicial review proceedings against the MPTS on the grounds that the abuse of process decision was unlawful.
On 20 July 2023, the appellants’ application to adjourn the Tribunal proceedings for at least three months pending the determination of this second set of judicial review proceedings was refused. However, the Tribunal then granted an adjournment for the appellants to take independent legal advice as to whether Mr Ojo (who appeared below) could continue properly to represent them when he featured in some of the documents before the Tribunal. The effect was that the MPTS proceedings were adjourned until 30 October 2023.
- 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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