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From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
In May 2010 a finding of serious professional misconduct and the sanction of erasure was handed down by the GMC’s fitness to practise panel (the Panel) against Professor Walker-Smith (the appellant). On 7 March 2012 Mr Justice Mitting allowed the appellant’s appeal, handing down a judgment quashing the finding and sanction.
Appeal allowed as Fitness to Practise Panel of GMC had relied on its own self-avowed expertise in place of expert evidence and after inadequate reasons were given.
In the last month there have been a number of noteworthy press releases by various regulatory bodies, particularly in relation to improvements to their processes.
When does treatment go from being simply incompetent to dishonest?
Where there is a lack of evidence of a respondent’s attempt to notify a tribunal and other parties of non-attendance, a Court was permitted to conclude that they had not been sent and, in the circumstances, a tribunal was permitted to proceed in absence under s.16(2) of the Solicitors (Disciplinary Proceedings) Rules 2007.
Rebecca Niblock
Jemma Brimblecombe
Charles Richardson
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