Judicial Review: Case heard, no result yet
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- Published: Monday, 15 December 2014 18:11
- Written by News Editor
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The BDA’s Judicial Review was held at the Royal Courts of Justice, London on Dec 15. Both sides put their cases, but the judge the Hon. Mr Justice Cranston said he would be considering his verdict. He will then give his judgement to both parties, perhaps later this week. Mr Havers QC for the BDA spent over two hours outlining the profession’s case with lucidity and precision.
Mr Havers gave all the relevant timeline and facts, stressing the GDC’s consultation was flawed and that that 97% of dentists had rejected it. He quoted from the health minister’s Westminster Hall speech, saying that the GDC had yet to present compelling evidence of the need for the rise in ARF. Those consulted had not been given sufficient information of the reasoning behind the rise and there was no evidence to support the projected rises in FtP hearing in the next two years of 85% and 116% respectively. He analysed the reports commissioned by the BDA (from FTI Consulting) and GDC (KPMG). He said the BDA believed that once more facts had emerged there should have been further consultation.
In a rambling and hesitant response, the GDC’s barrister reiterated the need for such a large rise, following a 113% increase in complaints leading to a consequent rise in FtP cases. In addition there was a backlog of cases from previous years. She did mention that in comparison with previous judicial cases, involving loss of employment or loss of homes, this case was less serious.
Both parties and the profession now await the judge’s verdict. Unless and until the judge rules otherwise, the GDC will be entitled to collect the ARF as agreed at the end of October.
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