Lord Justice Elias and Justice Keith ruled that the doctors responsible for the "biggest crisis in the medical profession in a generation" were immune from an investigation of misconduct because their conduct was not disreputable or of a kind which justified moral censure. And they ruled that the doctors responsible for this "disaster" were immune from a GMC deficient perfomance investigation because the functions that they were exercising were too remote from the practice of medicine to bring them within the scope of the relevant legislation.

It is now generally recognised that MTAS - the recruitment process for junior doctors introduced in 2007 - was a deeply flawed scheme. A study conducted by the Dean of the Royal College of Psychiatrists of some 790 junior doctors found that they showed an increased risk of suicide and other psychiatric morbidity resulting from stress, and that their loss of morale may well have adversely affected patient care. It was comprehensively examined in a number of public investigations and a judicial review which had concluded "The premature introduction of MTAS has had disastrous consequences".

The regulator is claiming that exams can only contribute towards a CCT if the doctor is in an approved training post at the time he or she sits the exam. Exams taken at other times will only allow the trainee to get a CESR. This has been described as “counter-intuitive, illogical and inconsistent”, and many of the Colleges and Trainee organisations have expressed their opposition to this. For the ‘Lost Tribe’ of doctors this represents one more kick in the teeth. A CESR is significantly more expensive, and restricts the ability of doctors to work abroad.

We were assigned two judges (rather than one) on the basis of the importance of our case. Our legal team is quietly confident.

We were somewhat underwhelmed with the arguments put forward by the GMC team.