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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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