A row between doctors at a York medical practice has culminated in six GPs taking out an injunction against two colleagues.

Under the terms of the judgement, patients of Monkgate doctors Martin Ashley and Gill Towler would not be able to move with them when the GPs leave the York Medical Group practice at the end of June.

The injunction prevents the doctors providing treatment to any YMG patients for the next 12 months if the GPs join any other partnership within a three-mile radius.

The interim injunction was obtained at the High Court in London by Dr Olga Kaliszer and five partners at the group's new practice in Acomb Road.

They successfully cited a restrictive covenant in the practice's partnership contract, which prevents any GP who leaves the partnership providing treatment to the practice's patients, except in an emergency.

The number of patients registered with a practice is a key factor in the practice's finances.

Dr Kaliszer said afterwards: "Whilst we were sorry that it was necessary to go to court, we are delighted that we shall be able to continue to serve the patients of the practice and to develop the work of the York Medical Group."

She said the covenant did not prevent Drs Ashley and Towler from practising in any other partnership within a three-mile radius of the surgery premises.

"It merely restricts them from providing treatment to the patients in our practice, except in the case of a medical emergency."

Solicitor Andrew Lockhart-Mirams, who represented York Medical Group at the hearing, said the ruling would serve as a reminder to doctors that restrictive covenants could be enforced and did matter.

Gavin McBurnie, director of primary care for North Yorkshire Health Authority, said it would be meeting with both parties to discuss the implications of the injunction.

He said this was the first time he had experienced a High Court ruling like this for such a situation.

He added: "I suspect that if you are a patient at this practice and you want to stay with one of the GPs who are leaving, you may perceive that you have no choice."

Mike Harvey, chief officer of York and District Community Health Council, said the injunction and changes at the practice should not have an effect on patients.

He said: "Patients should not see a difference in their health services, they just might not be able to see the GP they were used to seeing.

Dr Ashley said today he and Dr Towler were obviously very disappointed and were preparing a statement.

Updated: 10:53 Wednesday, June 20, 2001