Grounds 1-5: The effect of the previous judicial review proceedings
Grounds 1-5: The effect of the previous judicial review proceedings
Mr Dunlop resisted all eight grounds on their merits but his primary submission on Grounds 1-5 was that they have already been considered and resolved in the High Court by the Deputy Judge in the second set of judicial review proceedings. As I have mentioned, the target of the first five grounds of appeal is the Tribunal’s ruling on abuse of process dated 18 July 2023. Mr Dunlop submitted in writing and orally that Grounds 1-5 should not be entertained or given substantive consideration because principles of res judicata, cause of action estoppel or abuse of process applied. I shall therefore consider questions of res judicata at this juncture.
- 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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