In R (Campbell) v GMC  EWCA Civ. 250 the Court of Appeal affirmed Lord Hailsham's propositions in Libman v GMC  AC 217 as governing the approach that any court should adopt to the role of the legal assessor to the then Professional Conduct Committee of the GMC, namely,
‘The legal assessor who assists the committee at its hearing is not a judge, and his advice to the committee is not a summing up, and no analogy with a criminal appeal against conviction before a judge and jury can properly be drawn. The legal assessor simply advises the committee … on points of law … The committee under its president are masters both of law and of the facts and what might amount to mis-direction in law by a judge to a jury at a criminal trial does not necessarily invalidate the committee's decision. Where a criticism is made of the legal adviser's… advice the question is whether it can fairly be thought to have been of sufficient significance to the result to invalidate the decision…’
The Human Rights Act has made no change to this proposition: Gopakumar v General Medical Council  EWCA Civ 309.
4th Edition » | Chapter 9