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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

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MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

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More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
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MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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