An appeal under s 90(1)(b) of the Medical Practice Act 1992 against the exercise of disciplinary power, while wider than an appeal on a point of law under s 90(1)(a), is constrained where the finding of professional misconduct is not challenged: the appellant may be effectively limited to matters such as failure to give proper weight to prior good conduct or evidence of rehabilitation. A tribunal's silence on a known and uncontested fact does not demonstrate that it was inappropriately disregarded; the appropriate inference is that the tribunal did not consider it of material weight. The specialist composition of the Medical Tribunal warrants a degree of deference to its assessment of professional standards.
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