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Habib Khan (Respondent) v General Pharmaceutical Council (Appellant) (Scotland)

Andrew Smith KC and Rory Holmes appeared before the Supreme Court on behalf of the First Intervener, the GMC, in Habib Khan v GPC (Scotland) [2016] UKSC 64. In allowing the appeal, the Court clarified the ambit of a review hearing in regulatory proceedings against a practitioner following suspension, and in doing so acceded to the submissions of the Appellant and the First Intervener.

The Court specifically rejected the notion of a suggested “middle way” within the regulatory framework, whereby the review committee could have a role in determining the appropriate sanction, and more specifically, determine whether the initial sanction was unduly lenient.

Although the decision relates primarily to the Pharmacy Order 2010, the Court acknowledged the decision would carry persuasive authority across a range of regulatory systems relating to other professions.

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