header-logo header-logo

Pure & simple?

21 July 2011 / Craig Barlow , Aidan Briggs
Issue: 7475 / Categories: Features , Procedure & practice
printer mail-detail

Craig Barlow & Aidan Briggs consider Bonhoeffer & hearsay evidence in disciplinary proceedings

Whichever professional reads this article, either they or their clients’ activities are policed by a disciplinary body and its procedural rules—be they statutory, contractual or otherwise. Somewhere in the depths of most of those rules lurks a procedural mechanism that prima facie authorises the admission of “hearsay” evidence.

In R (Bonhoeffer) v The General Medical Council [2011] EWHC 1585 (Admin), [2011] All ER (D) 141 (Jun), the General Medical Council’s (GMC) fitness to practice panel (FTPP) decided after much argument to admit crucial and controversial “hearsay” evidence against the defendant. The court quashed that decision, relying upon common law “fairness” and Art 6 of the Human Rights Act 1998. The implications of the Bonhoeffer decision for the interpretation, application and use of such hearsay rules or provisions before disciplinary bodies are profound and reach far beyond the GMC.

Bonhoeffer

Bonhoeffer was a long standing and eminent consultant paediatric cardiologist of repute. He stood accused of eight allegations

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll