AN oversight body has no legal jurisdiction to mount an appeal against a Belfast neurologist's voluntary removal from the medical register, a High Court judge has ruled.
Mr Justice McAlinden held that the legislation does not allow the Professional Standards Authority (PSA) to challenge a decision to accept Dr Michael Watt's application.
With a potential lacuna in the law identified, separate judicial review proceedings brought by some of his former patients will now be heard.
In October last year the Medical Practitioners Tribunal Service (MPTS) granted the former consultant at the Royal Victoria Hospital a voluntary erasure from the register.
It meant the neurologist at the centre of Northern Ireland's biggest ever patient recall would not face a public hearing into any fitness to practice concerns about his work.
Lawyers for the PSA sought to establish that it has jurisdiction to refer Dr Watt's removal to the High Court for appeal.
They contended that the decision meant proceedings were ended without a finding being reached on any potential disciplinary sanction.
But ruling on the preliminary issue, Mr Justice McAlinden held that the relevant legislation only permits the PSA to refer decisions made by the tribunal specifically about fitness to practice issues and allegations.
"It does not relate to a situation where a request for voluntary erasure is made, even in the context of an existing fitness to practice procedure," the judge said.
"That may well be regarded as a lacuna in the legislation which would require some addressing, but that is something the relevant department may wish to consider."
He confirmed: "The court's decision on that preliminary point is that no such power exists, therefore the notice of appeal issued by the authority in this case has no legal effect."
However, two of those treated by Dr Watt are pressing ahead with separate challenges to his voluntary removal.
Danielle O'Neill (39) claims there was no jurisdiction for the move which breaches her human rights.
Belfast man Michael McHugh (51) also alleges it was an unjust step, denying public scrutiny of the neurologist's work.
Their applications for a judicial review will be heard later this year.
Outside court solicitor Ciaran O'Hare, representing Mr McHugh, commended the PSA's legal efforts.
He added: "My client's judicial review and the related case of Ms O'Neill are more imperative than ever with regards to having Dr Watt's voluntary erasure overturned."