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06 July 2012 / Melanie Mcdonald
Issue: 7521 / Categories: Features , Employment
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Keep an open mind

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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

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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