Umut Baz's appeal against General Dental Council's misconduct determination

Background

The case of Umut Baz vs General Dental Council centred on the challenge to a professional misconduct determination by the General Dental Council's Professional Conduct Committee (PCC). The High Court was tasked with deciding whether the case should proceed as a judicial review or a statutory appeal. The judgment, delivered by Fordham J, concluded that the case should proceed as a statutory appeal.

The Decision

Fordham J ruled that the statutory appeal was the appropriate mechanism for the case to proceed. The Claimant, Umut Baz, had initially lodged a judicial review claim, but the court determined that the statutory appeal route was more suitable, given the nature of the allegations and the existing statutory framework.

The GCRO and Green-Light Order

A General Civil Restraint Order (GCRO) had been imposed on the Claimant, requiring a Green-Light Order for any proceedings. The court noted that the Green-Light Order did not assess the viability of the claim but merely allowed it to proceed.

The PCC Decision

The PCC had found misconduct on the part of the Claimant and imposed erasure as a sanction. The Claimant's appeal was based on allegations of procedural irregularity and bias, which were deemed serious enough to warrant a statutory appeal.

Judicial Review vs Statutory Appeal

The court considered the discretionary bar of alternative remedy, noting that the statutory appeal route was preferable to judicial review. The statutory appeal allowed for a full examination of the PCC's decision, including procedural irregularities.

Set-Aside and Strike-Out Applications

The Defendant, the General Dental Council, had applied to set aside the Green-Light Order and strike out the judicial review claim. The court dismissed these applications, finding no merit in the arguments presented by the Defendant.

Conclusion

The High Court's decision to allow the statutory appeal underscores the importance of following the correct procedural route when challenging professional misconduct determinations. The case will now proceed to a substantive hearing, where the Claimant's grounds of appeal will be fully examined.

Learn More

For more information on professional conduct proceedings and appeals, see BeCivil's guide to UK Employment Law.