Heading

Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
THE HONOURABLE MRS JUSTICE LAMBERT
Between :
THE KING on the application of (1) ANAESTHETISTS UNITED LIMITED (2) MARION CHESTERTON (3) BRENDAN CHESTERTON | Claimant |
- and – | |
GENERAL MEDICAL COUNCIL - and – (1) BRITISH MEDICAL ASSOCIATION (2) ASSOCIATION OF ANAESTHESIA ASSOCIATES (3) FACULTY OF PHYSICIAN ASSOCIATES (4) ROYAL COLLEGE OF ANAESTHETISTS | Defendant Interested Parties |
Thomas de la Mare KC, Naina Patel KC and Emily MacKenzie (instructed by Bindmans LLP) for the Claimants
Rory Dunlop KC and Peter Mant KC (instructed by the General Medical Council) for the Defendant
Jenni Richards KC and Adam Boukraa (instructed by TLT LLP) for the First Interested Party
The Second, Third and Fourth Interested Parties were not represented
Hearing dates: Hearing dates: 14-15 May and 9 June 2025
Further submissions 24 and 25 July 2025
Approved Judgment
This judgment was handed down remotely at 14:00 on 5th September 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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THE HONOURABLE MRS JUSTICE LAMBERT
- Heading
- Mrs Justice Lambert DBE
- Background
- The Statutory Framework
- The 2024 Order
- Good Medical Practice and other guidance and advice issued by the GMC
- Supervision
- Claimants’ Evidence of Risk to Patient Safety
- Coroners’ investigations and Prevention of Future Death reports
- Mr Benedict Peters
- Mrs Pamela Ann Marking
- The Defendant’s Evidence: Professor Melville
- Scope of Practice and Supervision
- Ground 1
- Grounds 1(a) and 1(c): Scope of Practice and Supervision of Associates
- Ground 1(c): the Supervision and Delegation issue
- Ground 1: Discussion/Conclusion The scope of Ground 1: process and outcome rationality
- Ground 1(a) and Ground 1(c): process irrationality
- Outcome Irrationality
- Ground 1(b): Informed Consent
- Ground 1(b): Discussion/Conclusion
- Ground 2: Tameside duty of inquiry
- Ground 2 Discussion
- Conclusions
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