GDC appeals are heard in the High Court. There is, however, a strict 28-day time limit for an appeal to be lodged. Due to recent case law, if highly exceptional circumstances can be proved, the High Court may, in very limited situations, accept a GDC appeal outside of the 28-day time limit. However, this is rarely allowed so the timescale needs to be strictly adhered to.
When hearing a GDC appeal the High Court has the following options:
- Dismiss the appeal;
- Allow the appeal and quash the decision being appealed;
- Substitute the decision being appealed for any other decision which could have been made by the relevant GDC’s Practice Committee;
- Remit the case back to the GDC’s Practice Committee to dispose of in accordance with directions.
Cost of making an appeal
The High Court will ordinarily make a costs order that the loser pays the winner’s legal fees. Therefore, if an appeal is fought but lost, the dental professional will usually face being ordered to pay the GDC’s legal fees for the appeal, having already paid their own legal fees. Losing an appeal can be a very expensive exercise for the medical professional..
At the MedicAssistanceScheme, we consider it is essential that you obtain expert legal advice about the merits of your case before lodging an appeal.
Our expert lawyers will, for a fixed fee, review the evidence in your case and the GDC’s original findings and give you straightforward, honest advice about the prospects of success for your GDC appeal. This will enable you to make an informed decision about how to proceed.