Dr Sarah Barbara Myhill v General Medical Council [2025] EWHC 474 (Admin)
- Summary
- Citing
- Cited By
Dr. Myhill, an experienced doctor, faced charges from the GMC for promoting unlicensed treatments for COVID-19, which allegedly risked patient safety. The Original Tribunal found her guilty of misconduct and impaired fitness to practice, resulting in a nine-month suspension.
A subsequent Review Tribunal extended her suspension for another 12 months, citing her lack of insight and remediation.
Dr. Myhill sought to introduce fresh evidence, arguing it would demonstrate her views were supported by a responsible body of medical opinion (Bolam defence). The evidence included witness statements, publications, and articles.
The court applied the Ladd v Marshall test for fresh evidence, which requires showing that the evidence could not have been obtained with reasonable diligence, would probably influence the result, and is credible. The court found that Dr. Myhill’s evidence did not meet these criteria.
Conclusion: The application to admit fresh evidence was refused. The court emphasised the principle of finality in litigation and the importance of adhering to procedural rules for appeals.
The court will proceed with the appeal based on the existing material from the Review Tribunal.
Thomas v Thomas [1947] AC 484
Ladd v Marshall [1954] 1 WLR 1489
Ghosh v General Medical Council [2001] 1 WLR 1915, [2001] UKPC29
Gupta v General Medical Council [2002] 1 WLR 1691, [2001] UKPC 61
Threlfall v General Optical Council [2004] EWHC 2683 (Admin)
The General Medical Council v Professor Sir Roy Meadow [2006] EWCA Civ 1390
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Chyc v General Medical Council [2008] EWHC 1025 (Admin)
R (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1
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Yusuff v General Medical Council [2018] EWHC 13 (Admin)
Sastry & Okpara v General Medical Council [2021] EWCA Civ 623, [2021] 1 WLR 5029
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