Issue 5: Interim Suspension Order
X. Issue 5: Interim Suspension Order
The challenge to the ISO is misconceived. The respondent submits that there is no power to appeal the making of the ISO under Article 38. The correct procedure would have been for the appellant to make an application under Article 31(12) to terminate the ISO. There has been no termination application made.
In any event, and on the substantive merits, once the Panel reached the conclusion that the appellant should be struck off the register, there was a high degree of need for the public to be protected until the conclusion of the appeals process by way of an ISO. It cannot be argued that the imposition of such a protective order was wrong or unreasonable.
- Heading
- THE HON. MR JUSTICE DEXTER DIAS
- Mr Justice Dexter Dias
- Introduction
- Procedural history
- Findings of fact
- Appeal test
- Issues
- Issue 1: Appeal adjournment
- Issue 2: Adjournment at first instance
- Judicial notice
- Absenting
- Fresh evidence
- Conclusion
- Issue 3: Challenging findings of fact, misconduct & impairment
- Issue 4: Sanction
- Issue 5: Interim Suspension Order
- Conclusions
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