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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Reddy v The General Medical Council  EWCA Civ 310 (14 March 2012)
Cite as:  EWCA Civ 310
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ON APPEAL FROM THE CENTRAL LONDON COUNTY COURT
(His Honour Judge Hand Q.C.)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE MOORE-BICK
LADY JUSTICE BLACK
| KALAKATA PRATAP KUMAR REDDY
|- and -
|THE GENERAL MEDICAL COUNCIL
Mr. Edward Morgan (instructed by The General Medical Council) for the respondent
Hearing date : 22nd February 2012
Crown Copyright ©
Lord Justice Moore-Bick :
"Appeals from a Registration Appeals Panel
(a) a Registration Appeals Panel determines an appeal under paragraph 4 above; and
(b) the Panel's determination is any determination other than a determination under paragraph 4(8)(b) above to allow the appeal and quash the decision appealed against,
the person concerned may, before the end of the period of 28 days beginning with the date on which notice of the determination was given to him under paragraph 4(9), appeal against the determination to the relevant court."
In England and Wales the relevant court for these purposes is a county court.
(i) is the present appeal a first or second appeal?
(ii) did Mr. Reddy file a notice of appeal within the time prescribed by paragraph 5 of Schedule 3A to the 1983 Act?
(iii) if not, did the court have power to extend time for appealing?
(iv) if it did, should it have exercised its power in favour of Mr. Reddy?
(v) in the absence of an extension of time did the county court have jurisdiction to entertain the appeal?
Of those, only questions (i), (iii) and (v) were canvassed in argument. Mr. Veen did not seek to argue that the application notice filed on 22nd December 2010 was sufficient to constitute a notice of appeal or that it was otherwise effective to commence appeal proceedings, but since the question lies at the heart of the case I shall express my views on it briefly in due course.
First or second appeal?
(a) an appeal is made to a county court or the High Court (other than from the decision of an officer of the court authorised to assess costs by the Lord Chancellor); and
(b) on hearing the appeal the court makes a decision,
an appeal shall lie from that decision to the Court of Appeal and not to any other court."
Notice of Appeal
Extension of time
"An appeal from any decision of an Appeal Panel shall lie to the relevant court but must be brought within 28 days beginning with the date on which the appellant was notified of the decision."
Lady Justice Black:
Lord Justice Mummery.