Dr Zuber Bux - copy of MPT determination + CPR part 35

J Roberts made this Freedom of Information request to General Medical Council

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Dear General Medical Council,

1. Please provide a copy of the MPT determination concerning Dr Bux referred to in Judgment [2021] EWHC 762 (Admin):

https://www.bailii.org/ew/cases/EWHC/Adm...

The decision directing his erasure from the Medical Register was made on 16 October 2019.

In the Judgment, Mr Justice Mostyn expressed the need for reform to the MPT procedural rules governing expert evidence:

'50. In this case also the parties adduced their own expert evidence without any oversight by, let alone permission from, the court. It seems to me that an equivalent of CPR Part 35 is urgently needed to be inserted in the procedural rules governing regulatory proceedings of this nature.

58. I repeat that there is an urgent need for something like CPR part 35 to be introduced into the General Medical Council (Fitness to Practise) Rules Order of Council 2004(SI 2004 No. 2608). Had there been a requirement to seek permission to adduce expert evidence in those rules (as in CPR35.4(1)) I am certain that it would have been refused this case.'

2. If there have been any changes to the procedural rules regarding the matter referred to by Mr Justice Mostyn since the erasure of Dr Bux from the Medical Register please provide the relevant information.

3. If you hold any 'high-level' information relating to a change in the procedural rules referred to please provide it.

Yours faithfully,

J Roberts

FOI, General Medical Council

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J Roberts left an annotation ()

'In my recent decision of Towuaghantse v GMC [2021] EWHC 681 (Admin) I said at [36]:

"49. In regulatory proceedings of this type there are no procedural rules regulating the adducing of expert evidence. To adduce expert evidence you do not need permission. A party does not need to prove that it would "reasonably assist" the resolution of the proceedings, let alone that it is "necessary" for that purpose (as CPR 35.1 and FPR 25.4 respectively require). There is no limit on how many reports an expert witness may file. It seems to be an old-fashioned free-for-all."'

Towuaghantse v GMC [2021] EWHC 681 (Admin):

https://www.bailii.org/ew/cases/EWHC/Adm...

FOI, General Medical Council

Dear J Roberts,

 

Your information request – IR1-2999076355

Thank you for your email dated 1 April, in which you ask for the below:

1.  Please provide a copy of the MPT determination concerning  Dr Bux
referred to in  Judgment

2.  If there have been any changes to the procedural rules regarding the
matter referred to by Mr Justice Mostyn since the erasure of Dr Bux from
the Medical Register please provide the relevant information. 

3.  If you hold any 'high-level' information relating to a change in the
procedural rules referred to please provide it.

 

How we will consider your request

We’re going to look at your request under the Freedom of Information Act
2000 (FOIA). This gives us 20 working days to respond but we’ll come back
to you as soon as we can.

 

Who to contact

Christine Abdy will be handling your request. If you have any questions
you can contact her via email at [1][email address].

 

Yours sincerely

 

Lauren Barrowcliffe

Information Access Team Assistant

 

[2][email address]

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

show quoted sections

Christine Abdy (0161 923 6421), General Medical Council

1 Attachment

Dear J Roberts

 

Please find attached a response to request ref IR1-2999076355.

 

Yours sincerely

 

 

 

Christine Abdy

Information Access Officer

General Medical Council

3 Hardman Street

Manchester   M3 3AW

 

 

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J Roberts left an annotation ()

'6. Dr Bux received approximately 400 cases via AMS Solicitors between 2015 and 2017. This was his principle work in relation to medico-legal reports. This case concerns four of these cases, one of which concerns two patients. Whilst each case is entirely independent there are similar themes in relation to each of them.

7. It is alleged in each case that Dr Bux did not disclose that he was married to Mrs G who, in 2015, was a salaried Partner in AMS Solicitors who were instructing him. It is also alleged that this amounted to a conflict of interest which he was required to declare.

41.
...
5. Your relationship with your wife amounted to a conflict of interest. Found proved

278.

...

Aggravating factors in relation to Holiday Sickness Claims

Dr Bux’s misconduct involved a sustained period of repeated and persistent deception.
Significant disregard for his obligations under the guidelines and GMP.
Financially motivated dishonesty.
A significant number of holiday sickness claim reports were submitted.
Dr Bux’s conduct regarding the index events included making false declarations to the Courts and lying to solicitors.
Dr Bux attempted to cover up his dishonest conduct.
No attempt at remediation.
Dr Bux has not shown remorse or given an apology for his dishonest actions.
The significant pecuniary cost to insurers as a result of fraudulent claims.'

https://www.gmc-uk.org/doctors/4104362