Index for "Chapter 12"
In the case of Simms v Conlon & Anor
[2006] EWCA Civ 1749 it was held that where the
issues in a civil action overlap to a significant
degree with those in disciplinary proceedings (in
this case a fin...
While the expression of an independent opinion
is a necessary quality of expert evidence, it does
not always follow that it is sufficient condition
in itself. Where an expert has a material or
signifi...
In General Medical Council v Meadow [2006]
EWCA Civ the Court was unanimous in overruling the
first instance decision of Collins J by that an
expert witness is immune from disciplinary,
regulatory or ...
It has been said that there can be ‘no
reasonable objection to the Solicitor’s
Disciplinary Tribunal reading ( the judgment of a
Chancery Judge in a related matter ), provided it
was clear and rig...
Hearing an appeal from a judge of first
instance Lady Justice Arden said, -- ‘The judge
held that the court "naturally [paid] great respect
to the view of the evidence taken by the IOP", in
view of ...
The Social Security Commissioner has given the
following guidance on how the evidence of an
approved disability analyst should be assessed. --
1. In so far as the advice consists of an
explanation, it...
A power to admit hearsay evidence in
disciplinary proceedings is not necessarily
incompatible with The European Convention on Human
Rights. -- Article 6(3) of the Convention provides
that ‘everyone ...
A recent opinion of the Appellate Committee of
the House of Lords has gone a long way to
clarifying the standard of proof in certain civil
proceedings. Lord Hoffmann’s opinion, from which
the extrac...