Martin Forde QC appeared for Dr Chaudhary in a case arising from the performance of a ritual male circumcision. The GMC appealed a decision of the MPT not to find “impairment”.
The Appeal was before Mr Justice Jay and, although the Judgment was given on 5th October, it has only just been reported as General Medical Council v Chaudhary [2017] EWHC 2561 (Admin).
Mr Justice Jay overturned the decision of the MPT and restated the importance of the overarching objective, the tripartite public interest and the essential need for MPTs to conduct a balancing exercise. The Judgment contains an important discussion on the nuances and complexities of “dishonesty”.
Martin Forde QC appeared for the Doctor and Mr Justice Jay noted in his Judgment that the eloquence and force of Martin’s submissions caused him to change his mind about the rest of the appeal and he was persuaded not to remit it to the MPT for sanction and directed that no further action should be taken against the Doctor – who has returned to unrestricted practice.
Mr Justice Jay also gave guidance that in cases where there has been a substantive decision and a subsequent review by the MPT that it was only necessary to make one appeal (against the former determination).
Despite his overall conclusions, Mr. Justice Jay complimented Martin Forde QC, noting that “The MPT’s decision was stoutly and robustly defended by Mr Forde.” [para. 45] and “notwithstanding Mr Forde’s persistent and valiant attempt to uphold what in many ways is an exemplary series of determinations by this MPT.” [para. 52].
Martin Forde QC was instructed by Christopher Briggs and Christian Carr at DAC Beachcroft.
