Public Law

Clodagh is experienced in dealing with judicial review proceedings, in particular arising out of cases with a medical background such as from regulatory proceedings or inquests.

Selected Cases

  • Squier v GMC [2016] WHC 2739 (Admin) Mitting J: appeal against the MPTS findings of dishonesty concerning the expert evidence of consultant paediatric neuropathologist, in cases relating to alleged non-accidental head injury in babies (‘shaken baby syndrome’) and the sanction of erasure. Mitting J overturned the MPT’s findings of dishonesty and concluded that they should have made no such findings against Dr Squier. He found that “her views were genuinely held” and concluded that there were a number of flaws in the MPT’s determination in respect of Dr Squier’s conduct. An order of conditions not to give expert evidence (other than in coroner’s courts) for 3 years was substituted.
  • Ashton v GMC [2013] EWHC 943 (Admin) Stuart-Smith J: FTP of GMC had not erred in finding that a single incident by a GP of writing a routine referral letter when an urgent referral was required was sufficient to amount to misconduct for the purposes of the Medical Act 1983 s.35C(2)(a). The decision to impose the sanction of suspension was not unreasonable; however, the imposition of an immediate suspension order was unjustifiable and wrong.
  • Scholten v GMC [2013] EWHC 173 (Admin): application for termination of 18 month interim suspension order re specialist in female genital cosmetic surgery who took a photograph of an anaesthetised patient’s genitalia without consent. Supperstone J: IOP had not sufficiently balanced the competing interests and, had he had the power to so order, he may well have substituted conditions.
  • Henry v News Group Newspapers Ltd & Whittington Hospital NHS Trust & Another [2011] EWHC 1364 (QB): resisted application before Eady J for third party disclosure of highly sensitive medical records relating to ‘Baby P’ (Peter Connelly), sought to defend libel proceedings brought by a social worker.
  • Rimmer v GDC [2010] EWHC 1049 (Admin): Lloyd Jones J confirmed that proposition in A HA v X applied to the disclosure of confidential dental records to the GDC for the purposes of their regulatory proceedings.
  • R v Anderson ex p HM Coroner for Inner North London [2004] EWHC 2729 (Admin): unlawful killing verdict in Roger Sylvester case quashed by Collins J as coroner’s direction to jury on causation so confusing as to render verdict unjust.
  • Bainton v GDC (2000) PC (UK) LTL 3/10/2000: application for leave to appeal out of time from decision of GDC’s PCC to suspend the registration of a consultant oral and maxillofacial surgeon who had been found guilty of serious professional misconduct.
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