The claimant said that the procedure of the fitness to practice panel was unfair in that representations had been accepted by the panel from an expert witness without him having an opportunity to challenge or comment on that evidence.
Held: Any advice accepted by the tribunal must allow for submissions from the parties. The appeal was by way of a re-hearing. Since the assessor gave evidence as to the facts from which no appeal lay, it was particularly important that his advice should be subject to appropriate submissions.
Judges:
Stanley Burnton J
Citations:
Times 07-Oct-2005, [2005] EWHC 1896 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Clark (Procurator Fiscal, Kirkcaldy) v Kelly PC 11-Feb-2003
PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence.
Held: The legal adviser was not subject to the same . .
Cited – Regina (Arley Erlester Clark) v United Kingdom Central Council for Nursing, Midwifery and Health Visiting 2004
The court described the function of the appellate court when deciding whether the decision of a disciplinary committee was challenged: ‘In broad terms, the approach of the court on an appeal is as follows. Although its function in respect of a . .
Cited – Threlfall v General Optical Council Admn 26-Nov-2004
The optician, a registered opthalmic optician appealed a finding of serious professional misconduct in having failed to diagnose a patient’s condition when referring her to the hospital.
Held: The appeal succeeded. An optician carrying out an . .
Cited – Moody v General Osteopathic Council Admn 5-Apr-2004
. .
Cited – Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council CA 5-Mar-2004
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Natural Justice
Updated: 30 May 2022; Ref: scu.229752