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General Medical Council v Ilardi

Neutral Citation Number [2006] EWHC 3341 (Admin)

General Medical Council v Ilardi

Neutral Citation Number [2006] EWHC 3341 (Admin)

CO/9874/2006
Neutral Citation Number: [2006] EWHC 3341 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Tuesday, 5th December 2006

B E F O R E:

MR JUSTICE COLLINS

GENERAL MEDICAL COUNCIL

Applicant

-v-

DR ILARDI

Respondent

(Computer-Aided Transcript of the Palantype Notes of

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MR ANDREW COLMAN (instructed by GMC Legal, Manchester) appeared on behalf of the Applicant

The Respondent did not appear and was not represented

J U D G M E N T

1.

MR JUSTICE COLLINS: As I say, I am prepared in the circumstances to make the order. I am slightly concerned as to whether I should give you 12 months, but I think I will do that. He is of course not adversely affected so long as he does not wish to practise in this country, and if he does he can make an application to set aside.

2.

MR COLMAN: My Lord, yes. That goes to the issue of proportionality.

3.

MR JUSTICE COLLINS: I have the strongest doubts whether any further extension would be granted if the GMC has not got round to ensuring that whatever case is to be heard has by then either been heard or has been fixed and for some reason, which is not the GMC's fault, has not yet been heard.

4.

MR COLMAN: I shall pass on those remarks, my Lord, to those instructing me.

5.

May I hand in a slightly amended draft order. The one at tab 6 seems to have been drafted in relation to an earlier hearing date. Simply the question of my name rather than other counsel's and today's date on the order and an amended statement of costs in replacement for those at tab 8.

6.

MR JUSTICE COLLINS: Yes, I do not see why you should have the costs. Why you should have any costs at this stage?

7.

MR COLMAN: It is a matter for your Lordship, but the doctor could have consented.

8.

MR JUSTICE COLLINS: Of course he could, but there is no particular reason why he should have done. No, I shall say no order for costs.

9.

MR COLMAN: Thank you.

10.

There is only one other matter. May I apologise for the fact that my skeleton did not make its way to your Lordship until this morning. It was faxed to the List Office yesterday, and although we asked for contact details for your Lordship's clerk we were not given them. I am sorry.

11.

MR JUSTICE COLLINS: Do not worry.

12.

MR COLMAN: Thank you.

13.

MR JUSTICE COLLINS: All right. Thank you Mr Colman.

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