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FFW wins landmark General Medical Council appeal

27 October 2006

Field Fisher Waterhouse LLP (FFW) has successfully acted for the General Medical Council (GMC) in a landmark Court of Appeal case which reinstates the ability of regulators to review the fitness to practise of expert witnesses.

The high profile case involved Professor Sir Roy Meadow.  Professor Meadow gave expert evidence in the 1999 trial of solicitor Sally Clark. Her conviction was later overturned in 2003.

Professor Meadow appealed against the decision by the GMC’s Fitness to Practice Panel in relation to his evidence in the Clark case.  He appealed to the High Court and the judge decided that the legal principle of immunity should be extended to disciplinary proceedings by regulatory bodies in respect of evidence given by a professional in legal proceedings.

The decision was appealed by the GMC and on 26th October, The Master of Rolls, Sir Anthony Clarke and Lord Justices Auld and Thorpe handed down judgment, overturning the High Court’s decision on the immunity point.

FFW regulatory partners Tom Rider and Judith Chrystie acted for the GMC on the case. In July this year, FFW was retained by the GMC as its sole external legal adviser, once again highlighting the firm’s expertise in both regulatory work and healthcare.

FFW partner, Tom Rider, said: “This is an important decision for the GMC and other regulators. It clarifies key points of principle regarding their statutory responsibilities to discipline expert witnesses if the need arises in order to protect the public.”

Hempsons acted for Professor Meadow.

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Ben Girdlestone, Communications Manager on 020 7861 4968
Louise Eckersley, PR Executive on 020 7861 4120

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