Hasan v General Medical Council

JurisdictionUK Non-devolved
JudgeLord Hope of Craighead
Judgment Date21 January 2003
Neutral Citation[2003] UKPC 5
CourtPrivy Council
Docket NumberAppeal No. 52 of 2002
Date21 January 2003

[2003] UKPC 5

Privy Council

Present at the hearing:-

Lord Hope of Craighead

Lord Scott of Foscote

Sir Andrew Leggatt

Appeal No. 52 of 2002
Dr. Naveed Hasan
Appellant
and
The General Medical Council
Respondent

[Delivered by Lord Hope of Craighead]

1

The appellant, Naveed Hasan, was formerly a registered medical practitioner. The Professional Conduct Committee of the General Medical Council determined on 20 June 2002 after an inquiry that he was guilty of serious professional misconduct and directed that his name be erased from the Medical Register. It also decided that it was necessary for the protection of members of the public that his registration be suspended immediately. He had previously appeared on several occasions before the Interim Orders Committee, which had imposed conditions on his registration. The effect of these conditions was that he was not to undertake any medico-legal work and that he was to give notice of any medical work which he applied for or undertook requiring registration with the General Medical Council. The conditions imposed by the Interim Orders Committee were revoked and replaced by an order for his immediate suspension. The appellant has now appealed against these decisions to this Board.

2

The charge of serious professional misconduct contained three principal heads of charge. The first head related to the appellant's financial dealings with Mrs Algailani by whom he was consulted in June 1999 about her father's heart condition. On 23 June 1999, having referred her father to a consultant at the Heart Hospital for an angiogram and a possible heart operation, he obtained £2,500 from Mrs Algailani as a deposit for his treatment from which he agreed to pay the costs of the initial treatment and to refund any balance to her. He asked that all bills be sent to him for payment, and two invoices from the consultant and one invoice from the hospital were duly sent to him. He later returned £1,000 of the deposit to Mrs Algailani. But it was alleged that he had failed to pay the consultant's invoices until after the proceedings had been referred for inquiry to the Professional Conduct Committee, that he had failed to pay the invoice from the hospital and that he had failed to return the balance of the deposit to Mrs Algailani.

3

The second and third heads of charge alleged that the appellant had agreed to provide bogus medical reports to undercover journalists. In the second head it was alleged that on 10 March 1999 he was consulted by a man calling himself Mohsin Ali Khan but whose real name was Mahzeer Mahmood and that, for a fee of £1,000 and in the belief that it would be submitted to the immigration authorities, he produced a report for him in which he gave details of Mr Khan's history, claimed to have examined him, gave a diagnosis of acute on chronic renal failure and stated that investigations were under way to confirm the diagnosis and that he had made arrangements for him to be admitted to a clinic, none of which was true. It was also alleged that on 12 March 1999 he offered to write a letter at a later date falsely claiming that Mr Khan had been admitted to hospital. In the third head it was alleged that on 19 March 1999 he was consulted by Mahmood Qureshi who told him that he was fit but required a false medical report to assist him in obtaining increased damages in a road traffic accident claim and that he agreed to provide a false or misleading report for £1,000, being aware that such a report might be submitted to an insurance company or to a court.

4

The appellant maintained in answer to the first head of charge that he had mislaid the two invoices which were paid late, that he had paid the invoice which had been sent to him by the hospital and that he had repaid the balance of the deposit to Mrs Algailani. He said that any defects in his handling of the matter were due to mismanagement and not to dishonesty. His answer to the second head of charge was that Mr Khan had been referred to him by a firm of solicitors, that he had prepared a genuine report after conducting an examination of him in his consulting room and that he had no knowledge that Mr Khan was an asylum seeker. His answer to the third head of charge was that he knew all along that Mr Qureshi's request for a false medical report was not genuine, that he played along with the man for a while before asking him to go away and that he did not agree to supply any report to him.

5

The Professional Conduct Committee heard evidence from Mrs Algailani and a financial accountant from the Heart Hospital. Statements were read without objection from the consultant, his secretary and the office manager of the hospital. It also heard evidence from Mahzeer Mahmood, the investigations editor of the News of the World newspaper, and Mahmood Qureshi, who worked from time to time as his assistant. They described their visits to the...

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12 cases
  • Council for the Regulation of Health Care Professionals v General Medical Council and Another (Basiouny)
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 10 November 2006
    ...same force when the investigator allegedly guilty of malpractice is outside the criminal justice system altogether." 73 Hasan v The General Medical Council 2003 WL 1202742 concerned, among other things, the alleged provision of bogus medical reports for a fee of £1000 to a journalist pret......
  • Law Society of Singapore v Tan Guat Neo Phyllis
    • Singapore
    • High Court (Singapore)
    • 4 December 2007
    ...wholly different aims from those in civil or criminal proceedings: see Re Saluja (2006) 92 BMLR 153 and Hasan v General Medical Council [2003] UKPC 5. (b) But, if it is applicable, then: (i) the Court of Appeal in How Poh Sun v PP [1991] SLR 220 (“How Poh Sun”), in fully adopting Sang ([44]......
  • Ian Hope-Ross v Martin Dinning
    • Anguilla
    • Court of Appeal (Anguilla)
    • 30 April 2021
    ...not err in the exercise of his discretion in striking out the appellants' claims. National Commercial Bank (Jamaica) Ltd v Hew and others [2003] UKPC 5 considered; Fahad Al Tamimi v Mohamad Khodari [2009] EWCA Civ 1109 considered; Bartlett v Barclays Bank Trust Co Ltd [1980] 1 All ER 139 ......
  • R v TL
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 31 July 2018
    ...journalistic entrapment. This court drew a distinction between such behaviour and that involving the state and its agents. Hasan v General Medical Council [2003] UKPC 5 was a previous medical disciplinary case where a doctor argued entrapment by a journalist, without 28 Goldring J conclude......
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