Peter Atherton Represents the GMC in the Court of Appeal

Oyesanya v General Medical Council [2017] EWHC 409 (Admin)

Fitness to Practise, Appeal, Case management

Statutory appeal from decisions of MPTS at the conclusion of a case lasting 57 days. 

Holman J. exercised robust case management powers to restrict the scope of the appeal by excluding complaints about the tribunal's case management and procedural decisions and decisions about the weight.

They attached to certain evidence saying.... "Quite frankly, it is unrealistic to suppose that this court, on appeal, is going to get behind the primary findings of fact made by the tribunal after so lengthy a hearing. That, however, is a different question from whether or not the primary facts as found do or do not amount, in any given case, to misconduct, let alone serious misconduct."

*Please note that the appeal has now been heard and it raised another significant issue:

Oyesanya v General Medical Council: [EWHC] CO/5106/2017

On 19 October 2017, Her Honour Judge Alice Robinson sitting as a Judge of the High Court, upheld the Tribunal's findings of serious misconduct but remitted the finding of impairment and sanction because the Tribunal had been wrong to take into account the registrant's poor listening skills which had not formed part of the charges against him.