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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
back-to-top-scroll