Casey, Dr Leo Joseph v The General Medical Council
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Neutral Citation | [2011] NIQB 95 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 19 October 2011 |
1
Neutral Citation No [2011] NIQB 95
Ref:
GIR8326
Judgment: approved by the Court for handing down
Delivered:
19/10/2011
(subject to editorial corrections)
2011 No 94211
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
________
IN THE MATTER OF AN APPEAL UNDER SECTION 40
OF THE MEDICAL ACT 1983
________
BETWEEN:
DR LEO JOSEPH CASEY
Appellant;
and
THE GENERAL MEDICAL COUNCIL
Respondent.
________
GIRVAN LJ
Introduction
[1] This is a statutory appeal under section 40 of the Medical Act 1983 brought by
the appellant Dr Leo Joseph Casey, a general medical practitioner (“the doctor”). He
seeks to set aside the determination of a Fitness to Practice Panel (“the Panel”) which
investigated allegations of misconduct brought against the doctor by Patient A (“the
patient”). The panel conducted a hearing pursuant to the General Medical Council
(Fitness to Practice) Rules 2004 (“the 2004 Rules”).
[2] The patient alleged that the doctor carried out an examination of her chest
and abdomen in a sexually inappropriate manner. She alleged that in the course of
the examination of the patient’s chest the doctor had placed his hand inside her bra,
placed the chest piece of the stethoscope onto her nipples when it was not clinically
indicated and cupped the patient’s breast with his hand. She further alleged that in
the course of examination of her abdomen he pulled her knickers outwards from her
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Abraham Johannes Henning v The General Dental Council
... [2010] EWCA Civ 407 at §47 and §§50–62 (citing Libman v General Medical Council [1972] AC 217 at 221F); Casey v General Medical Council [2011] NIQB 95 at §6; O v Secretary of State for Education [2014] EWHC 22 (Admin) at §§58 to 64, 66; R (Dutta)di v General Medical Council [2020] EWHC 1......
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Dr Shala Imani v General Dental Council
...Medical Council [1972] AC 217, Gupta v General Medical Council [2001] UKPC 61, [2002] 1 WLR 1691, Casey v General Medical Council [2011] NIQB 95, Perry v Raleys Solicitors [2019] UKSC 5 and R (Dutta) v General Medical Council [2020] EWHC 1974 (Admin): “14. …the circumstances in which th......
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R Dr Ashish Dutta v General Medical Council
...and Bawa-Garba [2018] EWCA Civ 1879 [60–67], [94]. Both Counsel cite Southall [2010] EWCA Civ 407 [47]. Mr Counsell QC relies on Casey [2011] NIQB 95 [6] (Girvan LJ). Another case of some importance, that is cited within those referred to by Counsel, is Meadow [2006] EWCA Civ 1390 [2007......
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R Dr Senthil Gopalakrishnan (Claimant/Appellant) v General Medical Council
...the giving of reasons are concerned, Girvan LJ (sitting as a judge of first instance) summarised the position as follows in Casey v GMC [2011] NIQB 95 at paragraph 6(c): '… the authorities establish that in most cases, particularly those concerned with comparatively simple conflicts of fact......
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