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Mr Justice Collins has been criticised by the Court of Appeal for failing to uphold “the preservation of the public confidence in the profession”.
Overturning two of Collins J’s rulings in cases against the General Medical Council (GMC), Lord Justice Chadwick said: “In my judgement the test which [Collins] applied is, with respect, not helpful or adequate.”
Chadwick concluded that “there was not in either of these cases any proper basis established for overturning the sanctions set by the [GMC’s] fitness to practise panel.” Lord Justice Laws and Sir Peter Gibson, also sitting, concurred.
Both cases, Fatnani vs GMC and Raschid vs GMC, related to sanctions imposed by the GMC for professional misconduct.
The GMC was represented by Robert Englehart QC and Ivan Hare of Blackstone Chambers. Fatnani was represented by John Hardy of 3 Raymond Buildings and Raschid appeared in person.
As revealed by The Lawyer (9 October 2006), along with Justices Gloster, Stanley Burton and Sullivan, Collins’ success rate of having appealed verdicts upheld in the Court of Appeal hovers between 50 and 60 per cent. The average High Court judge had around 60 per cent of appealed judgments upheld.