Dr. John Roylance (Petitioner) v The General Medical Council

JurisdictionUK Non-devolved
JudgeLord Steyn
Judgment Date19 January 1999
Judgment citation (vLex)[1999] UKPC J0119-2
Docket NumberAppeal No. 49 of 1998
CourtPrivy Council
Date19 January 1999

[1999] UKPC J0119-2

Privy Council

Present at the hearing:-

Lord Steyn

Lord Hobhouse of Woodborough

Sir Christopher Slade

Appeal No. 49 of 1998
Dr. John Roylance
Petitioner
and
The General Medical Council
Respondent
1

[Delivered by Lord Steyn]

2

In October 1997 an Inquiry by the Professional Conduct Committee of the General Medical Council started, amongst others, against the present appellant. Broadly speaking the case against the appellant was that he failed in his duty as Chief Executive of the United Bristol Hospitals Healthcare N.H.S. Trust to respond to concerns about standards of paediatric cardiac surgery performed at the Bristol Royal Infirmary by two surgeons, who were also respondents at the Inquiry. In the course of the Inquiry counsel for the appellant invited the Chairman of the Committee to stand down on grounds of real or apparent bias, or for the committee to stand down on the same ground. It was argued that the danger of bias arose in part because of the Chairman's involvement in paediatric cardiac treatment then being given to his grandson and because of the manner of his questioning of certain witnesses. On 11th December 1997 the Committee deliberated in camera and dismissed the application.

3

The Committee then considered a no case submission in camera and dismissed it. Subsequently, the Committee considered the remaining issues in camera in various sessions. On the 18th June 1998 the Committee directed that the appellant's name be erased from the register.

4

On Wednesday, 10th February this year the present appellant's appeal against the decision of the Professional Conduct Committee is due to be heard. The merits of the appeal are not before the Board. A ground of appeal is that the Chairman of the Professional Conduct Committee should have discharged himself from the Inquiry on the grounds of bias or apparent bias.

5

The appellant now seeks an interlocutory order directing the untranscribed shorthand notes covering in camera deliberations of the committee to be disclosed. Their Lordships are satisfied that such an order would be inappropriate. It is acknowledged to be an unprecedented attempt to probe into in camera discussions. Counsel submits that the exceptional circumstances of the case warrant such an order. Their Lordships are wholly unpersuaded that this case can be so categorised. If...

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7 cases
  • Meadow v General Medical Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 Octubre 2006
    ...of Mrs Clark, was engaged in conduct capable of engaging the disciplinary attention of the GMC. 200 As Lord Clyde noted in Roylance v General Medical Council [2000] 1 AC 311, PC, at 330F- 332E, "serious professional misconduct" is not statutorily defined and is not capable of precise descr......
  • Dr. Emmanuel Dibua Nwabueze v The General Medical Council
    • United Kingdom
    • Privy Council
    • 6 Abril 2000
    ...... observations which Lord Steyn made when he was delivering the judgment of the Board in Roylance v. General Medical Council (19th January 1999, reported in The Times 27th January 1999) in ......
  • Low Cze Hong v Singapore Medical Council
    • Singapore
    • High Court (Singapore)
    • 26 Mayo 2008
    ...... Low claimed trial before the disciplinary committee chaired by Prof John Wong (“the DC”), and the inquiry was held on 30 July 2007, 31 July ... disregard of duty” in Dudley Ernest Lyncoln Wager Felix v General Dental Council [1960] AC 704 (“ Felix ”). Counsel for Dr Low relied ...Lord Clyde in John Roylance v General Medical Council ( No 2 ) [2000] 1 AC 311 (“ Roylance ”) ......
  • Silver v General Medical Council
    • United Kingdom
    • Privy Council
    • 14 Abril 2003
    ...and not merely as a consideration as to the appropriate sanction and conditions the Committee were minded to impose. 18 In Roylance v General Medical Council [1999] Lloyd's Rep. Med. 139 Lord Clyde said at page 149: "Serious professional misconduct is presented as a distinct matter from a c......
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