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The course of the proceedings
The course of the proceedings
The Tribunal received evidence on behalf of the GMC from Hasmikh Sonigra (Associate Medical Director for NHSE); Patricia Galloway (Deputy Regional Head of Professional Standards at NHSE); Vanessa Piper (Head of Primary Care for Commissioning and Contracting for North Central London Clinical Commissioning Group); Dr Annie Stork and Dr Sally Jowett (who were both GP Partners at Medicus Health Partners working at Forest Road Group Practice); Mr Smart (the CQC Inspector whom I have already mentioned); and Andrew Brown (National Registration Adviser for the CQC).
The first appellant provided a witness statement dated 2 March 2023 and a further witness statement dated 11 October 2023. The second appellant provided a witness statement dated 14 April 2023. Neither of the appellants gave oral evidence. Their witness statements (together with a witness statement from Dr Renu Hans) were admitted as hearsay evidence.
Between 4 and 18 July 2023, the MPTS made the following decisions (giving written reasons for each of them):
A preliminary submission, made before any evidence was called, that the appellants had no case to answer in relation to some of the allegations was rejected.
A renewed submission of no case to answer in relation to some of the allegations was rejected at the close of the GMC case.
An application for a stay of proceedings as an abuse of process was refused at the close of the GMC case.
The third of these decisions was the abuse of process decision that I have mentioned above and to which I now turn.
- 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