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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

21 SEP 2011

R (Bonhoeffer) v General Medical Council [2011] EWHC 1585 (Admin), (2011) JPLO (Sept)

Fairness – Article 6 – hearsay evidence

21 June 2011
Administrative Court
Laws LJ; Stadlen J

Article 6 of the European Convention on Human Rights did not lay down an absolute entitlement to cross-examine a witness. Where the evidence in disciplinary proceedings is based on the hearsay evidence of one witness alone, and the allegations are akin to criminal charges and would have grave repercussions if proved and where there is a lack of procedural safeguards and the witness could reasonably be expected to attend, it was a violation of Article 6 to admit such evidence as hearsay evidence.
On appeal from
Fitness to Practise Panel (‘FTPP’) of the General Medical Council, 29 October 2010

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