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

Medical practitioner – Disciplinary proceedings. The Administrative Court held that the question of whether or not, under r 4(5) of the General Medical Council (Fitness to Practise) Rules 2004, more than five years had elapsed since events giving rise to an allegation of fitness impairment of the appellant general practitioner was an objective question of precedent or jurisdictional fact and the date stated in the complaint against him had been wrong, leading the registrar into material error. Accordingly, the court had power to intervene to quash the decision and remit the matter for reconsideration.

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