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High Court refuses a discovery application in a judicial review case concerning the alleged unfair procedures of a preliminary proceedings committee, brought by a clinic and its director, on the grounds that the requested documents were not necessary for the resolution of the case as the issues could be fully explored at trial using the information already provided; and given the importance of proportionality in discovery, the extensive burden of the requested discovery was not justified.
Judicial review - discovery application - Preliminary Proceedings Committee (PPC) - Medical Council - bias - unfair procedures - nemo iudex in causa sua (no one should be a judge in their own cause) - Peruvian Guano principles - proportionality - statutory notices - Fitness to Practice Committee (FPC) - Medical Practitioners Act 2007 - systemic bias - objective bias - natural justice - statutory requirements - recusal - proportion of complaints - referral to FPC - section 57 of the Act - section 61(2)(e), section 63(b).
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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