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The Court of Appeal allowed in part an appeal against the High Court's refusal to grant leave to seek judicial review of a decision by a statutory medical regulatory body to take no further action on complaints regarding the treatment of a family member who suffered a stroke. The Court of Appeal found that the regulatory body's decision was unreasonable and/or irrational by failing to engage with or provide reasons for rejecting a detailed submission from the appellants criticising the independent expert report that had underpinned the regulatory decision. The Court rejected all other grounds of challenge, including allegations of bias, bad faith, and public policy breaches, as unarguable. The relief granted was limited to granting leave to seek judicial review on the ground relating to the regulatory body's failure to address or explain its rejection of the appellants' December 2018 response.
judicial review – leave application – medical regulator decision – professional misconduct – prima facie case – administrative law – unreasonableness – irrationality – procedural fairness – failure to give reasons – independent expert report – conflict of interest – bias – Rules of the Superior Courts (RSC) – Medical Practitioners Act 2007
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