EWJ FEB 59 2025 web - Flipbook - Page 70
l Exceptionally long delay in bringing issues to final
resolution at a hearing, particularly where it can be
shown that that delay has caused substantial prejudice
to a defendant (relevant both at Common Law and
under Art. 6 ECHR). This could be through the natural distortion of the memories of current witnesses
and witnesses yet to be contacted by either party for
whatever reason, the inability to trace witnesses, or the
loss of documents without fault on the Registrant’s/
Defendant’s part;
policing the process is part and parcel of the duties
owed by every Registrant, member or Defendant to ensure the regulator’s processes are fair, just and equitable.
Christian Carr
Partner - Healthcare Regulation
He is highly experienced in representing clients in urgent interim order hearings, often the first point at
which a practitioner feels compelled to seek guidance
and representation to safeguard their interests,
whether on a privately funded or indemnified basis.
He guides clients carefully through the fitness to practise process along with any issues arising from parallel
processes such as NHS England PLDP hearings,
CQC, criminal, civil and employment tribunal matters. He is experienced in representing individual
practitioners in inquests where conflicts of interest
have arisen between them and their employers. He
can attend interviews under caution with Police by
arrangement.
www.spencer-west.com
l Decisions by the prosecuting authority over the
course of the proceedings that have compounded any
prejudice to the registrant, be it as to disclosure,
witness contamination or some other detail;
l Whether the difficulties caused to the registrant by
the regulator’s conduct cannot be effectively counterbalanced by pre-hearing or in-hearing procedural
measures to ensure fairness; and
l Instances where evidence was acquired by the
regulator in circumstances particularly prejudicial to
the Registrant’s human rights that would constitute
prosecutorial misconduct in a criminal context.
Tim Grey,
Barrister at Old Square Chambers
Tim is a barrister at Old Square Chambers and has a
practice in professional discipline and regulation
across the sectors of healthcare, legal and financial services, as well as surveying, architecture, education, and
accountancy. Tim’s practise extends into data protection and privacy, conflicts, contempt of court and
sports law.
It should not be forgotten that the protection of the
public involves the pursuit of several essentially reciprocal objectives set out for most regulators in statute.
These include the promotion and maintenance of the
safety of the public, public confidence in the profession and the declaration and upholding of standards
for their members. To secure these objectives, regulators must act with authority in the eyes of all concerned: substantive delays, errors or unfairness in
their processes undermine each objective and the authority with which they act, in the eyes of both the
public and their registrant members. Maintenance of
registrants’ own respect for, and confidence in, their
regulators is an essential precursor to the public having confidence in the profession. Neither registrants’
nor the public’s confidence are promoted in instances
where registrants, referrers and witnesses are left in a
state of limbo for extended periods of time, or errors
creating unfairness occur, whether as a result of the allocation of insufficient resources to investigations or
otherwise. Nor can the regulator truly speak with authority when declaring and upholding standards to
their members or ensure public safety in these instances. Confidence can be lost in fitness to practise
processes whose fairness and integrity in any individual case or more broadly is undermined. Taking an
holistic view of fitness to practise processes, it is clearly
key to the effective discharge of the statutory functions
of regulators not only for members of the public to
have faith in those processes, but also the constituent
members of that profession.
He sits as a legal assessor for numerous regulators and
is a judicial member of the RFU, CIMA, ICAEW,
British Horseracing, British Cycling and is Chair of
the IDB of the Bar Standards Board.
West Care Experts is a group of accomplished Expert Witnesses supported
by the Head Office Team and its experienced Secretaries. Our Experts
carefully examine medical documents and evidence and use their
professional opinion to prepare and deliver high quality, detailed, factual
reports for Solicitors, Insurers and direct instructions on behalf of both
Claimants, Defendants and Joint. We cover all areas of the UK.
We provide a wide range of Medico Legal and Personal Injury Reports:
Areas of expertise include:
Quantum Reports
O
Loss of Services Reports
O
Care Reports
O
Occupational Therapist Reports
O
Midwifery Reports
O
Aids and Equipment Reports
O
Liability Reports
O
INA Reports
O
Supplementary Reports
O
Screening Reports
O
Overview Reports
O
Critique Reports
O
Physiotherapy Reports
From the beginning of the process, through to completion of each case,
we endeavor to maintain an equitable service. An expert witness has an
overriding duty to the court to be independent and objective and we believe
At present, many regulatory bodies act under particularly strained budgets, leading to obvious limitations
on the resources at their disposal to progress cases
with due speed and skill. Mistakes and delay causing
prejudice will naturally flow from this, and so a growth
in applications may result. In every case it is always
worth asking the question as to whether the correct
procedures have been followed and whether a fair
hearing is in fact possible. Even if the answer to
both is “yes” and no argument can be made for a stay,
EXPERT WITNESS JOURNAL
O
that detailing and considering the needs of our clients is crucial in order to
provide case dependent reports. Each of our Expert Witnesses have
extensive experience and qualifications within their field of expertise.
West Care Experts Limited
Kingfisher House Business Centre, 21-23 Elmfield Road, Bromley, BR1 1LT
Contact Name: Mr John Marsh
Tel: 0208 4607 400 or 0208 2496 322 Mobile: 078500 938 28
Email: john.marsh@westcareexperts.co.uk
Alternate Email: james@westcareexperts.co.uk
Website: www.westcareexperts.co.uk
68
F E B R UA RY 2 0 2 5
