High Court refuses an application by a private medical clinic for an order of certiorari quashing the decision of the respondent medical training body to accredit a course that the applicant was attempting to hold, on the grounds that judicial review was an inappropriate process where the respondent had given the applicant details of an internal appeals procedure to pursue.
Applicant is a private medical clinic which provides predominantly cosmetic surgery services - the respondent is a postgraduate medical training body to whom the Medical Council has delegated certain of the Council’s functions pursuant to the Medical Practitioner’s Act 2007 (“the Act”) - this includes the maintenance by medical doctors of their professional competence by various means including attendance at continuing professional development (“CPD”) conferences and seminars - on 20th June 2013, the applicant applied to the respondent for accreditation for CPD purposes of an event it was proposing to hold - on 9th July 2013, the respondent refused to accredit the event - applicant seeks an order of certiorari quashing the decision together with various ancillary reliefs including damages - object of the Council is to protect the public by promoting and better ensuring high standards of professional conduct and professional education, training and competence among registered medical practitioners - application for CPD accreditation was made by the applicant on the 20th of June 2013, about five and a half weeks before the planned event - respondent required a list of sponsors, a list of speakers and a name of a consultant who is on the Medical Council Specialist Division of the Register in Plastic Surgery who supported the course - the applicant replied with the name of a consultant he claimed was on the Specialist Register and supported the course - this consultant was not on the course - the respondent wrote back stating that they could not therefore approve the meeting - they also gave information on how the applicant could appeal this decision - the applicant did not pursue this appeals mechanism but instead opted for legal redress - application refused.