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Sanctions Guidance is not a score sheet – Court of Appeal findings from GMC v Gilbert & PSA
Jessica Etherington
High Court quashes decision made by the Assistant Registrar of the General Medical Council on a case proceeding outside the five-year time limit and determines that it should be reconsidered.
High Court dismiss nurse’s appeal on the basis that any legal misdirection by the legal assessor was not of sufficient importance to invalidate the decision of the Panel.
The decision of the Court of Appeal in Adesina & Baines v Nursing and Midwifery Council [2013] EWCA Civ 818 represented a clear shift in the previously immovable time limits of regulatory appeals.
This highly anticipated judgment from the High Court on the admissibility of anonymous hearsay evidence in professional disciplinary proceedings holds that “it is difficult to conceive of circumstances in which the admission of potentially significant evidence which is both anonymous and hearsay will not infringe the requirement of fairness” and finds that in the present cases arising from the Francis Inquiry, the evidence of anonymous members of staff was inadmissible and “should not have been relied on probatively”.
High Court allow nurse’s appeal, holding that she was treated unfairly when she appeared, unrepresented, before NMC panel considering her fitness to practise.
Jessica Etherington
Tajmina Begum
Sophie Tang
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