ALLINSON
V.
GENERAL COUNCIL OF MEDICAL EDUCATION AND REGISTRATION

LORD ESHER, M.R.(reading the leading judgment)

The grounds of the plaintiff’s claim to an injunction are two: First, that Dr. Philipson, one member of the Medical Council who adjudicated upon his case, was disqualified from so acting, and that that rendered the judgment not only illegal, but void. Secondly, that there was no evidence upon which the council could reasonably find that the plaintiff had been guilty of “infamous conduct in a professional respect.” It is admitted that, if either of these objections can be maintained, the decision of the council was illegal and void, and in either case I presume the plaintiff would be entitled to the relief which he asks. Was, then, Dr. Philipson, who took part in the decision of the council, in a position which made his participation illegal as being against public policy? If he was, his participation certainly rendered the decision wholly void. It is said that he was incapacitated from taking part in the decision, because he was or might b…