header-logo header-logo

06 July 2012 / Melanie Mcdonald
Issue: 7521 / Categories: Features , Employment
printer mail-detail

Keep an open mind

88829099_fmt_4

Melanie McDonald calls for FTP panels to be more accepting of hearsay evidence

In the context of fitness to practise (FTP) proceedings, the admission of hearsay evidence remains controversial and gives rise to extensive argument before FTP panels. In this article I argue that, notwithstanding the recent decisions in Ogbonna v Nursing and Midwifery Council [2010] EWCA Civ 1216, [2010] All ER (D) 23 (Nov) and R (on the application of Bonhoeffer) v General Medical Council [2011] EWHC 1585 Admin, [2011] All ER (D) 141 (Jun), that FTP panels should be more willing to adopt a similar approach to that of the civil courts when determining the issue of its admissibility.

Learning to be civil

Stepping into the curious world of healthcare professional regulation from an exclusively civil practice at the Bar, I was immediately struck by how deeply rooted in criminal procedure many of its mores were, owing more to antiquated magistrates proceedings than a modern civil forum. This is notwithstanding the fact that the civil standard of proof has applied since 2008 and that it is settled law that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll