This case, Nathadwarawala v General Medical Council [2025] EWHC 459 (Admin), involves an appeal by Dr. Nathadwarawala, a medical practitioner, against a six-month suspension imposed by the Medical Practitioners Tribunal (MPT) due to findings of misconduct and dishonesty.
Appeal and Jurisdiction
Dr. Nathadwarawala appealed the MPT’s decision, arguing that the six-month suspension was excessive. However, the appeal was filed outside the statutory 28-day time limit. Though the appeal form and fee were submitted before the deadline, the form was unsigned, and a signed form was submitted after the time had elapsed.
The General Medical Council (GMC) raised an objection, asserting that the court lacked jurisdiction to consider the late appeal.
Legal Questions
The court examined whether the unsigned form constituted a valid appeal and whether the time limit could be extended under certain circumstances. It concluded that the unsigned form was invalid and that it had no discretionary power to extend the time limit under the circumstances of this case.
Article 6 and Human Rights
The court referenced human rights principles, specifically Article 6 of the European Convention on Human Rights, which guarantees access to a court.
It noted that exceptions to time limits can arise only in “exceptional circumstances” where denying an extension would impair the essence of the appellant’s right to appeal. The court found no such circumstances here.
Outcome
The court dismissed the appeal for being out of time. It also stated that, even if the appeal had been timely, the MPT’s sanction was reasonable and appropriate given the case’s facts.
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