KB-2023-003302 - [2025] EWHC 1628 (KB)
Fecha: 27-Jun-2025
Rory Dunlop KC, sitting as a Deputy High Court Judge
Rory Dunlop KC, sitting as a Deputy High Court Judge :
Introduction
The Claimant is a psychotherapist who was registered with the Defendant, the United Kingdom Council for Psychotherapy ("UKCP"), from 2002 until that registration was terminated, in the circumstances set out below. He brings a claim against the Defendant for breach of contract. The claim focuses on two decisions: the decision of the Adjudication Panel to remove the Claimant from the UKCP register, and the subsequent decision of the Appeal Panel to uphold that removal.
The Claimant was represented at the hearing before me (as he was in the proceedings before the panels of the UKCP) by Simon Butler. The Defendant was represented by Farrah Mauladad KC, who did not appear before either of the panels of the UKCP. I am grateful to each of them for their clear and succinct submissions. Their efficiency enabled us to conclude a hearing, listed for 2 days, in one day.
I heard live evidence, very briefly, from the Claimant. He was cross-examined in relation to his relationship with Dr Wilkinson. Nothing came out of that cross-examination that added materially to the documentary evidence and so I say no more about it.
- Heading
- Rory Dunlop KC, sitting as a Deputy High Court Judge
- The contract
- Implied terms
- Factual Background
- The allegations and documentary evidence before the Adjudication Panel at the start of the hearing
- The hearing before the Adjudication Panel – Day 1 and fact-finding
- Day 2 – the findings on the allegations and the submissions on misconduct and impairment
- The Adjudication Panel decision on misconduct and impairment
- Day 3 and the decision on sanction
- The Appeal
- The pleaded claim
- Legal framework
- Submissions
- Discussion
- The first issue – the conclusion that the hug was sexually motivated
- The second issue – the treatment of the evidence as to insight, remediation and risk of repetition, including the evidence of Dr Wilkinson
- The third issue - sanction
- Conclusions