Jurisdiction(s):
United Kingdom

Reporting GMC tribunal proceedings: qualified privilege upheld; public interest defence also satisfied; 'struck off' headline not unfair; defamation claim dismissed (Onwude v Dyer [2020] EWHC 3577 (QB), England and Wales)

Published on: 11 January 2021

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Article summary

Onwude v Dyer and others [2020] EWHC 3577 (QB) What was the background?

This defamation claim arose from articles posted on the BMJ’s website that reported a GMC disciplinary panel’s decision concerning the claimant, Mr Onwude, together with Mr Onwude’s ensuing High Court appeal about the same decision. The defendants were the journalist who wrote the report (Ms Dyer), the BMJ’s editor (Dr Godlee), and the journal’s publisher (the BMJ). The context of the claim focused on several charges alleging impaired fitness to practise by reason of misconduct, brought against Mr Onwude by the Medical Practitioners’ Tribunal (MPT) Service, a statutory committee of the GMC. After the hearings, the MPT found every charge proved and imposed the penalty of erasure from the Medical Register, unless Mr Onwude used his right of appeal within 28 days. It also ordered his immediate suspension from the Register, holding that this was necessary for the protection of the public and to preserve public confidence. Mr Onwude appealed to the High Court, where the gravest findings against him were quashed. The matter was returned to the MPT for further consideration and action in light of the High Court’s ruling and the matters arising therefrom to...

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