R (on the application of Kuzmin) v General Medical Council

Medical practitioner – Disciplinary committee. The Medical Practitioners Tribunal (the MPT) had been entitled to rule that, in proceedings before it, adverse inferences from silence or a failure of a charged registered practitioner to give evidence were permissible. The Divisional Court, in dismissing the applicant registered medical practitioner's judicial review action challenging that decision, held that it was open to the MPT to draw adverse inferences from the failure of a charged registered practitioner to give evidence, including in an appropriate case, the inference that he had no innocent explanation for the prima face case against him, subject to such an inference not being procedurally unfair.

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