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Robert Phipps v. The Royal College of Surgeons of Edinburgh [2010] CSOH 58

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Robert Phipps v. The Royal College of Surgeons of Edinburgh [2010] CSOH 58

03 May 2010

The pursuer was a consultant general surgeon with a special interest in breast surgery. In September 2000 he was dismissed by his employers (a NHS Trust in England) because of misrepresentations in his CV. Thereafter, the defenders resolved to withdraw the pursuer's accreditation as a specialist in general surgery. The pursuer sought reduction of the defenders' decision in proceedings for judicial review which included a claim for damages. The defenders' decision was reduced by Lord Drummond Young [].

In May 2006, the judicial review proceedings were sisted to allow the pursuer to bring an action of damages against the Royal College for losses allegedly caused by the withdrawal of his specialist accreditation. The pursuer claimed that the defenders had, in the exercise of a public office or function, abused their powers and alleged bad faith on the part of the defenders in reaching their decision to withdraw the pursuer's specialist accreditation. After proof, the defenders were assoilzied. Lord Bonomy also held that the pursuer's loss was not caused by the actings of the defenders and that the pursuer had failed to mitigate his loss.

Iain Ferguson QC of Axiom Advocates appeared for The Royal College of Surgeons of Edinburgh