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Andrew Hockton wins appeal from GMC in Administrative Court

21st August 2013

Following a death in police custody that attracted considerable public attention, Dr El- Baroudy, a part-time Forensic Medical Examiner, who had visited the deceased in a police cell prior to his death, appeared before the Fitness to Practise Panel of the MPTS (GMC). The doctor was unrepresented at the hearing. His fitness to practise was found to be impaired and he was erased. Upon appeal the findings of impairment and sanction were quashed. HHJ Raynor QC sitting in the Administrative Court held that the decisions were wrong in that they were based, at least in part, on an inadmissible conclusion that the doctor’s acts or omissions caused or contributed to the deceased’s death. Causation did not not form part of the allegation particularised in the Notice of Hearing. The judge also held that the expert evidence that was adduced by the GMC did not support the panel’s conclusion on causation and was, in any event, inadmissible. The appellant was represented by Andrew Hockton, instructed by Julie Hesketh of Ryan Solicitors.

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