ECtHR Finds No Violation of the Right to Protection of Property in Malik v. The United Kingdom

On 13th March 2012, the European Court on Human Rights held that there was no violation of Article 1 of Protocol No. 1 in Malik v. the United Kingdom. The applicant, Zafar Iqbal Malik, a British national, started his medical practice as a general practitioner in 1978 but was suspended from the list of doctors authorised to practice for the National Health Service (NHS) in 2005. Under the terms of a contract with the Waltham Forest Primary Care Trust (PCT), he was obligated to ensure the provision of medical services to NHS patients registered with his practice according to the NHS (General Medical Services Contracts) Regulations 2004. After the PCT conducted a monitoring visit to the site of his practice, the PCT informed him in writing that the visit had demonstrated “the serious risk you pose to your patients under your care,” and the PCT advised that the suspension had been done to protect the interests of the patients. He alleged that his suspension from the list violated his right to the peaceful enjoyment of his possessions according to Article 1 of Protocol No. 1 on the protection of property.  The Court found no violation because the applicant continued being paid under the PCT contract and failed to prove an effective loss of remuneration. He also failed to produce evidence that there was a significant reduction in patient numbers as a result of his suspension, or that such a reduction could have a significant impact on him, his financial situation, or the marketability of his practice.

 


Leave a Reply