The Critical Distinction Between Weight and Admissibility of Hearsay Evidence In a recent judgment, the High Court firmly denounced the practice of ushering through hearsay evidence in regulatory proceedings under the premise of scrutinising it later by reference to weight. The Background The Nursing and Midwifery Council (‘the NMC’) had brought a number of charges […]
In the matter of an application by Gallagher for Judicial Review (Northern Ireland); R (on the application of P, G and W) (Respondents) v Secretary of State for the Home Department and another (Appellants) R (on the application of P) (Appellant) v Secretary of State for the Home Department and others (Respondents) [2019] UKSC 3 […]
Introduction Mr Maitland-Hudson faced allegations of high level dishonesty. Following a long and drawn out hearing in which he repeatedly invited the Tribunal to discontinue proceedings on the basis of his poor health the allegations were found proved and he was struck off the roll. His appeal turned entirely on this question of health. The […]
In SRA v James and others [2018] EWHC 3058 (Admin), the Divisional Court considered three appeals brought by the SRA against the SDT’s decisions not to strike off dishonest solicitors. In each case the tribunal had concluded there were “exceptional circumstances” justifying such a course, based at least in part on mental health issues. On […]
Raychaudhuri v GMC and PSA [2018] EWCA Civ 2027 The law often finds itself dabbling in moral grey areas, and being asked to come up with black and white answers. Prominent among those difficult areas is the concept of honesty or, more pertinently, dishonesty. In this case the Court of Appeal found itself having to […]
17th Apr 2019 Read more
17th Apr 2019 Read more