ALLINSON
V.
GENERAL COUNCIL OF MEDICAL EDUCATION AND REGISTRATION

(1894) JELR 80294 (CA)    
Court of Appeal  ·  23 Feb 1894 ·  United Kingdom
 · 
Other Citations
[1894] 1 Q.B. 750
CORAM
LORD ESHER, M.R. LOPES and DAVEY, L.JJ.
Core Terms Beta
infamous conduct
professional respect
case
evidence
dr. philipson
leeson’s case
member of the committee
present case
general medical council
master of the rolls
pecuniary interest
public policy
vice-president
medical defence union
decision of the council
plaintiff’s case
professional brethren of good repute
second ground of objection
words of bowen
administration of justice
brother lopes
conduct of any medical man
crucial question
decision of this court
defence of the honour of the medical profession
different modes
first question
general council of medical education
good definition
good resignation
grounds of the plaintiff
improper conduct of any individual member of the profession
judicial proceedings
large number of advertisements
leading judgment
leeson v
lord esher
majority of the court
man’s position
member of a society
member of the medical council
own cause
particular case
reasonable person
second point
similar capacity
state of circumstances
such evidence
vice-president of the society
view of fry

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…

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