20 October, 2022
K v General Medical Council  CSIH 44
Concerns a Petition for an extension of conditions imposed by the General Medical Council on the reclaimer, a doctor, while The GMC continued their own investigation into fitness to practice after a trial, where the jury found the case against the reclaimer not proven and he was acquitted of the charge of rape.
Inner House allowed the reclaiming motion and refused the petition. On the proportionality test, the Inner House found it difficult, in the absence of any connection between the allegation under investigation and the appellant’s clinical practice, to see a rational connection between the conditions imposed and the reason for imposition of conditions, namely the public interest. In the absence of a clinical connection, there is no demonstrable risk to patients to be assessed in the context of an interim order. For these reasons the proportionality test was not met.
Opinion of the Second Division can be found here.
Paul Reid as lead counsel for successful reclaimer, instructed by the Medical and Dental Defence Union of Scotland.