Davey v General Dental Council
| Jurisdiction | England & Wales |
| Judge | Mr Justice Turner |
| Judgment Date | 09 December 2015 |
| Judgment citation (vLex) | [2015] EWHC J1209-1 |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/2372/2015 |
| Date | 09 December 2015 |
[2015] EWHC J1209-1
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Mr Justice Turner
CO/2372/2015
Mr A Kennedy (instructed by RadcliffesLeBrasseur) appeared on behalf of the Claimant
Ms V Butler-Cole (instructed by Blake Morgan) appeared on behalf of the Defendant
Post Judgment Discussion
MS BUTLER-COLE: My Lord, we're very grateful for your Lordship's judgment and also the impressive speed with which a typed version has been produced.
Doing our best to be word editors, we've found a few typographical errors.
Yes, please help me.
MS BUTLER-COLE: Instead of "PCC", "PPC" is said in a number of places.
Ah. Right, yes.
MS BUTLER-COLE: It's paragraphs 8, 9, 17, 18, 23 and 24.
Right, thank you for that.
MS BUTLER-COLE: The only other one that we've spotted is at the top of pages 6 there's a letter "T" missing from the first word.
Yes, quite so.
MS BUTLER-COLE: But other than that, those are the only amendments that we have to suggest.
Yes.
MS BUTLER-COLE: My Lord, there's an application for costs on behalf of the General Dental Council.
Thank you.
Yes.
MR KENNEDY: My Lord, in relation to costs, I have no quibble in relation to quantum.
Yes.
MR KENNEDY: Could I just make this point in relation to the principle: in the course of an argument my Lord took my learned friend to this expression, "exceptional circumstances".
Yes.
MR KENNEDY: And the question of whether it was wrong to apply that test, whether it was my Lord's observation or my learned friend's response, about flirting with the concept, and in your judgment, you deal with it, you say it was, to use —
Infelicitous.
MR KENNEDY: Infelicitous, and then to use Collins J's words, unhelpful.
Yes.
MR KENNEDY: Albeit you say that it was not wrong.
My Lord will have noted that in our grounds that was our primary ground of appeal, those in fact were the three phrases which I opened on, but in particular the exceptional circumstances. My Lord, the submission is in those circumstances this was an appeal that had merit and that should be reflected in the costs order.
Yes, thank you.
I'm against you. You came, you fought, you lost....
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