Alexandra Felix KC made a successful application to stay proceedings as an abuse of process (offends the court’s sense of justice and propriety) where the GMC sought to pursue allegations that the doctor had been acquitted of in the Crown Court.
The application to stay was preceded by applications for disclosure of material placed before case examiners (including the GMC application for cancellation and Counsel’s advices) on a R28 FTP Rules application in the face of resistance based on legal professional privilege. Disclosure was made voluntarily on the basis of limited waiver of privilege and following an order for disclosure by the MPTS. The MPTS agreed with the submission that in all the circumstances this was an exceptional case where it would amount to an abuse of process to permit the proceedings to continue.
Alexandra was instructed by Sara Mason of the MDU.
Alexandra Felix KC