General Medical Council v Dr Neill William Roy Carter
[2023] EWHC 3199 (Admin)
Joseph Loze Onwude v General Medical Council
9 November 2023
[2023] EWHC 2807 (Admin)
High Court
A doctor kept suing the medical board for unfair treatment. The court said he was wrong, kept his suspension, and banned him from suing the board again for three years.
Key Facts
- •Dr Onwude, a consultant gynaecologist, faced GMC disciplinary proceedings stemming from complaints about his billing practices and lack of professional indemnity insurance.
- •He was erased from the Medical Register in 2016, but this decision was partially overturned on appeal.
- •Dr Onwude subsequently initiated numerous legal challenges against the GMC, most of which were dismissed as being without merit.
- •His registration was suspended in 2022, and he challenged this suspension, arguing that he had revalidated his license in 2020.
- •The GMC applied for an extended civil restraint order (CRO) due to Dr Onwude's persistent and unmeritorious litigation.
- •New allegations emerged of Dr Onwude practicing medicine without a license and other professional misconduct.
Legal Principles
The criteria for extending an interim suspension order are the same as for the original order: protection of the public, public interest, or the practitioner's own interests.
General Medical Council v Hiew [2007] EWCA Civ 369
The court does not make findings of primary fact about the events leading to suspension but assesses whether the allegations justify the continuation of the order.
General Medical Council v Hiew [2007] EWCA Civ 369
An extended CRO can be made if a party persistently issues claims or makes applications that are totally without merit.
CPR 3.11(2); Practice Direction 3C; Re Ludlam (a Bankrupt) [2009] EWHC 2067 (Ch); R (Kumar) v Secretary of State for Constitutional Affairs [2007] 1 WLR 536, CA
The court can consider previous claims, even if not previously declared totally without merit.
R (Kumar) v Secretary of State for Constitutional Affairs [2007] 1 WLR 536, CA
Secondary legislation (statutory instruments) such as the 2012 Regulations are validly made and enforceable in court.
The General Medical Council (Licence to Practice and Revalidation) Regulations Order of Council 2012 (S.I. 2012/2685)
Outcomes
Dr Onwude's claim against the GMC was dismissed as totally without merit.
His challenge to the interim suspension order was out of time, used the wrong procedure, and was against the wrong defendant. His arguments regarding the validity of the 2012 Regulations were rejected.
The GMC's application to extend the interim suspension order was granted for a further 12 months.
Serious allegations of practicing without a license and other misconduct justified the extension. The court found sufficient evidence to suggest a case to answer.
An extended CRO was granted against Dr Onwude for three years.
Dr Onwude persistently issued claims and applications that were totally without merit. This was deemed necessary to prevent further abusive litigation.
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