Key Facts
- •Manori Balachandra, a dentist, was erased from the General Dental Council (GDC) register for backdating clinical notes and making inappropriate NHS claims.
- •The main appeal concerns the GDC's finding that Balachandra fraudulently backdated handwritten clinical notes (Brown Cards).
- •Original clinical records were lost or destroyed by Capita, a subcontractor of NHS England, before the initial hearing.
- •The GDC relied heavily on circumstantial evidence and expert opinions based on incomplete copies of the records.
- •Balachandra maintained her innocence and provided evidence suggesting the GDC's case was based on flawed assumptions and incomplete evidence.
Legal Principles
In statutory appeals, the court conducts a re-analysis of the evidence, not a full rehearing.
CPR Part 52
The appellate court must be extremely cautious about upsetting findings of primary fact, particularly where findings depend on witness credibility assessments.
General Medical Council v. Jagjivan [2017] 1 WLR 4438
The court may draw any inference of fact which it considers justified on the evidence.
CPR Part 52.21(4)
A failure to provide adequate reasons may constitute a serious procedural irregularity.
Southall v GMC [2010] EWCA Civ 407
Loss of evidence by the prosecuting authority does not automatically lead to a stay of proceedings. Prejudice or unfairness must be shown.
R v Maxwell [2011] 1 WLR 1837, PR v The Crown [2019] EWCA Crim. 1225
The court has the power to stay proceedings if the defendant cannot receive a fair trial, or if it offends the court's sense of justice and propriety.
R v Maxwell [2011] 1 WLR 1837
In appeals from professional conduct committees, the court should be slow to interfere with findings of fact, particularly on witness credibility, unless there are material errors of fact or law.
Gupta v GMC [2001] 1 WLR 1691
The Ivey test for dishonesty applies: (1) what was the defendant's conduct? (2) was that conduct dishonest by the standards of ordinary decent people?
Ivey v Genting [2016] EWCA Civ 1093
Outcomes
Appeal allowed; findings of the Professional Conduct Committee (PCC) regarding the Brown Cards are set aside.
Insufficient evidence to support the PCC's findings of fraudulent backdating; flawed reasoning and inadequate consideration of key evidence, including the loss of original records and incomplete copies used by the GDC.
Case remitted to the PCC for reconsideration of sanction.
Many serious charges were overturned; a less severe sanction than erasure may now be appropriate.
Immediate suspension order terminated.
The appeal's determination effectively ends the immediate suspension, as per section 30 of the Dentists Act 1984.