HELD: (1) Under the statement of requirements S was obliged to take effective action to improve his professional performance by 24 August 2000. S's non-compliance with the statement did not end as of that date because the statement had effect until 24 November 2000. Although S did all he could to achieve effective re-training, he had not done so and the case co-ordinator had no reasonable alternative but to refer the case to the CPP. That referral was authorised by r.25(1)(b)(i) of the Rules and the CPP had jurisdiction to hear S's case. (2) The CPP did not err in its consideration of the four surgical incidents in relation to which it made adverse findings. It was entitled to take those incidents into account in reaching its final conclusions. (3) There was nothing irregular or unfair in the CPP's approach or in its continuation of the hearing after the legal assessor's advice. The CPP's overall conclusions and its conclusions on the individual incidents were not unsafe although it could have adopted a different approach, for example, in relation to putting the specialist medical adviser's views to other expert witnesses. (4) In general, when determining whether the standard of a practitioner's performance had been seriously deficient the ordinary civil standard of proof should be applied by the CPP. In exceptional cases a heightened civil standard of proof might be appropriate. Furthermore, a criminal standard might be appropriate where the conduct in question would also found serious criminal charges (McAllister v General Medical Council (1993) AC 388). (5) The CPP, as a tribunal for self-regulation of professionals, satisfied the requirements of independence, impartiality and fairness under Art.6 of the European Convention on Human Rights. Albert and Le Compte v Belgium (1983) 5 EHRR 533, Bryan v United Kingdom (1995) 21 EHHR 342 considered.
(2003) 1 WLR 2259,(2004) HRLR 8,(2004) Lloyd’s Rep Med 44.
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