Royal Courts of Justice
Strand
London WC2A 2LL
B e f o r e:
MR JUSTICE IRWIN
Between:
THE QUEEN ON THE APPLICATION OF AAALAMANI
Claimant
v
THE GENERAL MEDICAL COUNCIL
Defendant
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The Applicant did not appear and was not represented
Mr T Weisselberg (instructed by the GMC London, NW1 3JN) appeared on behalf of the Defendant
Judgment
MR JUSTICE IRWIN: Dr Aaalamani has not attended today. There is a long track record of failure to attend. The decision I have made to proceed is based on that background, and on the absence of any explanation as to why he has gone to Iran, as we are informed he has. This is part of the pattern that one can observe from the proceedings in July 2006, in respect of which he seeks permission for judicial review.
It seems to me there is absolutely no merit in this attempted appeal. Having read carefully the decision letter of 25 July 2006 and the documentation that surrounds it, and read also the full and helpful skeleton submissions on behalf of the respondent (the GMC) prepared by counsel, and supported orally today, it seems to me that there is no prospect whatever of a successful appeal. Therefore this application is dismissed.
MR JUSTICE IRWIN: There is an application for costs and for summary assessment of those costs. Mr Weisselberg, I see that the assessment goes up to 5 November only, but does it include today?
MR WEISSELBERG: It does, I understand. Certainly my fees are included and attendance at hearing has been marked for two hours by Mr Hilton, who sits behind me. I would say that those costs reflect a reasonable amount of money to pay for having to deal with a substantial bundle of materials. Although your Lordship was able to dismiss the application shortly today, that did not mean that those representing the GMC could deal shortly with the matters raised by Dr Aaalamani.
`MR JUSTICE IRWIN: It would be fair to give him an opportunity to seek to oppose the order. We will say costs of £7,500 to the respondent (the GMC), subject to detailed written representations by Dr Aaalamani, to be presented within 28 days. If he is in Iran it may take time to communicate with him there and for him to respond.
MR WEISSELBERG: In the event of the receipt of those written submissions, I invite your Lordship to award that the respondents have 21 days thereafter to make representation.
MR JUSTICE IRWIN: If received, they will have 21 days from receipt.