Court of Appeal allows appeal of High Court ruling rejecting judicial review of the refusal by the Royal College of Surgeons Ireland to accredit a one-day course that RAS were organising in respect of breast implant cosmetic surgery, on the grounds that: 1) the Professional Development Committee of the RCSI made its decision to refuse sanction for the RAS event in breach of fair procedures as required by law; and 2) the contents of emails obtained on discovery demonstrate that changes to the rules took place after the application was made by RAS and that the procedures adopted by the committee were seriously flawed and unfair.
Judicial review – appeal of High Court rejecting judicial review of the refusal by the RCSI of accreditation of a one-day course that Dr. Salman and the clinic were organising in respect of breast implant cosmetic surgery – Medical Practitioners Act 2007 – applicant’s primary complaint is that the College changed the rules contained in the Guidelines for the purpose of refusing his application – whether the guidelines were rules – discovered documents were admissible in evidence – whether the Professional Development Committee made its decision to refuse sanction for the RAS event in breach of fair procedures as required by law – breach of fair procedures – whether the available appeal was an adequate remedy – abuse of discretionary powers – legitimate expectation – non interference – irrationality/fixed policy and fettered discretion – failure to exhaust alternative remedies and appeal – discovery – High Court was in error in rejecting the judicial review application – appeal allowed.