Today we share some great news regarding Mr Daniel Matovu’s success as he represented a client in the High Court.
Daniel represented the successful Appellant Doctor against the GMC in relation to determinations made against the doctor by the Medical Practitioners Tribunal regarding non-compliance with a direction to undergo a health assessment and imposing a nine-month suspension order. Both determinations on non-compliance and sanction have been quashed by the High Court (Administrative Court)
The non-compliance decision was challenged on the grounds that it was unjust due to serious procedural irregularity and was substantively wrong. The case raised an important new point in relation to challenging a failure to comply on the ground that the doctor can demonstrate that their failure to comply does not create a risk to public protection because the GMC can still investigate the concern by “other means”. The High Court provided helpful guidance on how such a defence could be pursued.