High Court party upholds appeal in Ali v GMC

The case Ali v The General Medical Council [2024] EWHC 2272 (Admin) involved Dr. Shah Ali appealing against a decision by the Medical Practitioners Tribunal to remove his name from the Medical Register due to misconduct related to dishonesty. The misconduct stemmed from a false declaration made by Dr. Ali on a Disclosure and Barring Service form in June 2020, during his application to the NHS’s Bringing Back Staff programme1.

The High Court, presided over by Mr. Justice Eyre, heard the appeal and handed down the judgment on September 9, 20241

Dr. Shah Ali’s appeal against the decision of the Medical Practitioners Tribunal was based on several grounds:

• Procedural Irregularities: Dr. Ali argued that there were procedural errors during the tribunal hearing that affected the fairness of the process.
• Proportionality of the Sanction: He contended that the sanction of removal from the Medical Register was disproportionate to the misconduct.
• Mitigating Circumstances: Dr. Ali highlighted personal and professional circumstances that he believed were not adequately considered by the tribunal.
• Assessment of Evidence: He challenged the tribunal’s assessment of the evidence, particularly regarding the intent and context of the false declaration.
• These grounds were presented to argue that the tribunal’s decision was unjust and should be overturned or the sanction reduced.

Dr. Shah Ali’s appeal was dismissed on the majority of the grounds of appeal by the High Court. Mr. Justice Eyre upheld the decision of the Medical Practitioners Tribunal, finding that the tribunal had acted within its powers and that the sanction of removal from the Medical Register was appropriate given the seriousness of the misconduct.

However, Mr. Justice Eyre upheld grounds 1(iii) and 2, saying:

“It was common ground before me that a finding in the Appellant’s favour on ground 2 would necessitate remission of the matter for reconsideration by a tribunal and, subject to submissions on the form of order, that is the order which will be made.”

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