Malik v General Medical Council [2013] All ER (D) 24 (Oct)
It was established law that under s 41A of the Medical Act 1983, where an interim orders panel were satisfied that it was necessary for protection of members of the public or was otherwise in the public interest for the registration of that person to be suspended, the panel might order, among other things, that the registration was to be suspended. The statute used the word “necessary” for the protection of members of the public. The other test was in the “public interest”. In order to justify the suspension it had to be at least highly desirable and necessary also to qualify the public interest test. Under s 41A(10) of the Act, a court might terminate the suspension. An application made under s 41A(10) was made on the basis that there was an extant order of suspension. The court would start from the proposition that the suspension was in place before deciding whether the position ought to be altered; and, as had been said in various cases, the court should only interfere
