High Court Examines Extension of Interim Orders in Medical Practice

High Court Examines Extension of Interim Orders in Medical Practice

The High Court recently addressed a significant case involving the General Medical Council (GMC) and Dr Cian Hughes, wherein the GMC sought an extension of an interim order on Dr Hughes' registration. The interim order was initially imposed by the Interim Orders Tribunal (IOT) of the Medical Practitioners Tribunal Service (MPTS) under the Medical Act 1983.

The GMC's application was necessitated by the impending expiration of the interim order, which would have exceeded the typical 18-month duration if extended. The parties had agreed to a draft consent order that proposed extending the interim order for an additional four months, until April 2025. The order also included provisions for applications by non-parties to access court documents, requiring a 14-day notice period to the parties involved.

The court considered the GMC's procedures under the Fitness to Practise Rules 2004, which involve stages such as triage, investigation, and potential referral to a Medical Practitioners' Tribunal (MPT). During these proceedings, the GMC can request interim orders to suspend or impose conditions on a doctor's registration.

The case also highlighted the provisions of CPR 5.4C, which govern the supply of documents to non-parties from court records. The court deliberated on whether to impose restrictions on access to documents, balancing the principle of open justice with the confidentiality of the GMC's investigation and the sensitive nature of the evidence involved.

The court ultimately decided against the restrictive order sought by the GMC and Dr Hughes, determining that the existing control mechanisms under CPR 5.4C were sufficient to manage access to court documents. The court emphasised the importance of open justice and the need for transparency in judicial proceedings.

In its judgment, the court referenced key legal precedents, including Dring v Cape Intermediate Holdings and ZXC v Bloomberg, which address the balance between open justice and privacy rights. The court noted that while sensitive information might warrant privacy, the principle of open justice should not be unduly compromised.

The court's decision underscores the judiciary's commitment to maintaining transparency while safeguarding the rights of individuals involved in regulatory proceedings. The case serves as a reminder of the delicate balance courts must strike between public interest and individual privacy.

Learn More

For more information on medical negligence, see BeCivil's guide to Medical Negligence.

Copyright & permissions