AC-2024-LON-001145 - [2025] EWHC 2075 (Admin)

By a claim form filed under CPR Part 8 on 30 April 2021, the appellants sought relief against the GMC and (apparently) the NHS Commissioning Board on grounds of discriminatory treatment in the GMC investigation. The claim form described the claim in the following terms:

“The claim is for the declaration of the Court that the Defendant acted contrary to the provisions of section 149 Equality Act 2010 in exercise of its public function of investigating the allegations against the Claimants referred to it by the NHS Commissioning Board.”

By order dated 10 October 2022, Eyre J ordered that the Part 8 claim was to continue as a claim for judicial review. He proceeded to refuse permission to apply for judicial review. His reasons for refusing permission were as follows:

“The essence of the Claimants’ case is that the decisions of the case examiners recommending referral and the [GMC’s] approval thereof were influenced by the Claimants’ ethnicity. The Claimants say that but for this factor their conduct would not have been referred to the MPT. That would be the position if the Claimants’ conduct was not such as to merit an adverse finding by that Tribunal. If that is the case that will constitute a ground of defence in the proceedings before the Tribunal and on appeal therefrom. If the Claimants’ conduct is properly found by the Tribunal to be worthy of sanction then it cannot credibly be said that the referral was vitiated by reason of reference to the Claimants’ ethnicity. It follows that to the extent that the Claimants are correct to say that the decision to refer their cases to the MPT was flawed they have an adequate alternative remedy and that relief by way of judicial review or otherwise from the court is not appropriate.”

Eyre J did not, therefore, consider the merits of the discrimination claim but refused permission on the grounds that the appellants had an adequate alternative remedy in the MPTS.

On 3 July 2023, the hearing before the MPTS commenced. The hearing continued until 21 July 2023 and, thereafter, on various dates until 8 March 2024.