The rules of natural justice precluded members of specialist tribunals, including experts, from giving evidence to themselves which the parties had no opportunity to challenge. A Fitness to Practise Panel of the General Medical Council had erred in relying upon expertise which it did not possess.

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ROBIN EDWARD LAWRENCE v GENERAL MEDICAL COUNCIL (2012) EWHC 464 (Admin) ~ BD (Admin) (Stadlen J) 02/03/2012 The appellant psychiatrist (L) appealed against certain procedural decisions and factual findings of the Fitness to Practise Panel of the respondent General Medical Council. The Panel had made findings of misconduct by L, in respect of a patient (B). B had experienced erotic …

Late disclosure will be allowed if it helps the court to arrive at a just and fair decision

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Comments; This is how it should and ought to be. Many of my opponents blow hot and cold about late disclosure. But there is a fundamental premise that a trial judge should have all the available evidence to enable him/her to reach just and fair decision. GRUPO HOTELERO URVASCO SA v CAREY VALUE ADDED SL (2012) ~ QBD (Comm) (Eder J) …

Unless a client is colluding & cheating he can settle his claim for costs with his opponent.

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In Khan the court held that a client was entitled to settle his claim for lawyers fees on his own by serving notice of acting. KHANS SOLICITORS v (1) CHAMA CHIFUNTWE (2) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2012) A compromise on costs reached between the secretary of state and the claimant himself after the claimants solicitors had applied …

Trustees and Directors of Welfare Organisations Beware!

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There are a huge number of charitable organisations either operating as a company or as a trust and are registered with the Charity Commission. Many of these are run by individuals on a voluntary basis giving up their valuable time for advancements of education, relief from poverty and other charitable objectives. Whilst there is no doubt that these are noble …