Evan Wright represented a doctor charged by the GMC with dishonesty in relation to the preparation of medical reports. The doctor was instructed to prepare reports on behalf of a solicitor’s firm in support of claims for compensation arising from holiday sickness.

The reports required the doctor to obtain details about the claimant’s illness and to take those details from the claimant. The GMC argued that the doctor had not spoken to particular claimants, but subsequently made a misleading declaration. The declaration was in the following terms:-

‘I understand my duty to the court and have complied and will continue to comply with it. I am aware of the requirements of Part 35 and practice direction 35, this protocol and the practice direction on pre-action conduct. I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.’

The doctor could not recall the individual cases because of the passage of time and the number of reports he was asked to prepare, but argued by reference to the content of the reports that he could only have obtained this information from the claimants. Following a trial lasting eight days, the Tribunal found that the doctor had not been dishonest and his practice was not impaired. They were satisfied that the doctor had prepared the reports and had made the evidential declaration. They found the remainder of the case not proved. A finding of dishonesty would have had devastating consequences to the doctor’s practice. Mark Ainsworth of Exchange Chambers was counsel instructed.