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Chambers & Partners
13/08/2018

Judgment handed down in cases of Bawa-Garba and Chandra

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Dr Bawa-Garba successful on appeal and restored to the medical register. Nadia Motraghi acted for the first intervener, the British Medical Association. The case has huge implications on the medical profession and prosecution of healthcare professionals under criminal offence of gross negligence manslaughter. Summary and judgment to follow.

Mary O’Rourke QC and Nicola Newbegin appeared for Dr Chandra in GMC v Chandra, the case discussing when a doctor’s name should be restored to the Medical Register. Case summary and judgment to follow.

In Chandra, the Court of Appeal rejected an exceptional circumstances test (formerly proposed by the GMC) when considering when a doctor’s name should be restored to the Medical Register. However it held that in the present case, the MPT has not given proper consideration to the second and third limbs of the overarching objective and so intend to remit the case to the MPT for further determination.

 

bawa-garba, doctors, british medical association

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Nadia Motraghi

Nadia Motraghi 020 7269 0357 Email

Mary O’Rourke QC

Mary O’Rourke QC 020 7269 0357 Email

Nicola Newbegin

Nicola Newbegin 020 7269 0305 Email

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