Appeal Victory

Doctors Defence Service lawyer Lee Gledhill today won a victory for fairness in regulatory proceedings. Gledhill defended a registered nurse who was struck off by the Nursing and Midwifery Council (NMC) in the absence of calling a key eye-witness for the NMC’s case. ‘Nurse O’ had complained that the witness should be called to give evidence against her, so that the witness could question her. The NMC made little effort to arrange for the key witness to attend.  Regulator’s FTP rules often permit hearsay evidence to be called in the absence of the witness being called. The case will force regulatory prosecutors to reconsider their approach to calling a particular witness to testify when bringing cases against registered practitioners, including doctors, who face GMC fitness to practise regulatory law proceedings. (5 October 2010)

Click here to read the full case report Ogbonna v NMC 2010 EWCA Civ 1216   [External Link]

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