“…The judge then set out the relevant legal principles, citing passages from Burke v GMC [2005] EWCA Civ 1003, A Local Authority v JB [2021] UKSC 52, Aintree v James [2014] AC 591, and his own observations in NW London CCG v GU [2021] EWCOP 59. He identified the statut…”
“…o the question was provided by the then Master of the Rolls Lord Philips in Regina (Burke) v General Medical Council (Official Solicitor and other intervening) [2005] EWCA Civ 1003; [2006] QB 273 (‘Burke’). Lord Philips, having analysed the first instance judgment of Munby J which was the subject of the appeal, summed up the position as f…”
“…e dangers which can arise when issues are divorced from a factual context which requires determination were identified in in R(Burke) v General Medical Council [2005] EWCA Civ 1003, [2006] QB 273 [21]:…”