Doctor Peter Roach v The General Medical Council

The overarching objective of the GMC is the protection of the public.

Medical Act 1983, Section 1(1A)

FTP proceedings aim to protect the public, looking forward, not back; past actions are considered to assess current fitness to practice.

GMC v Meadow [2006] EWCA Civ. 1390

Appeals under Section 40 of the Medical Act 1983 are rehearings, allowing re-analysis of evidence but generally not live evidence.

CPR Part 52 and PD52D

Three gateways for overturning a Tribunal's decision: insufficient reasons, Wednesbury unreasonableness, and 'wrong' (neither of the above).

Byrne v GMC [2021] EWHC 2237, R (Dutta) v GMC [2020] EWHC 1974 (Admin), Jagjivan [2017] 1 WLR 4438

Appellate courts should show deference to the Tribunal's expertise, especially regarding credibility assessments, but deference is not absolute.

Raschid v GMC [2007] EWCA Civ. 46, GMC v Jagjivan [2017] 1 WLR 4438, Ghosh v GMC [2001] UKPC 29

In sexual misconduct cases, deference to the Tribunal may be less, and the appellate court's disadvantage in assessing credibility is lessened when considering inferences.

Grizzly Business v Stena Drilling [2017] EWCA Civ. 94

The standard of proof is the balance of probabilities; seriousness of allegations doesn't raise the standard, but may affect the quality of evidence needed.

Byrne v GMC [2021] EWHC 2237

To overturn a fact-finding, the appellate court must find the decision 'wrong' because the Tribunal's finding exceeds the 'generous ambit' of reasonable disagreement.

R (Dutta) v GMC [2020] EWHC 1974 (Admin)

On appeal, the court must consider whether the Tribunal's decision was one that no reasonable Tribunal could have reached.

Perry v Raleys [2019] UKSC 5