In this appeal the High Court examined closely the element of Hearsay evidence

Spencer J rejected the NMC’s submission that because the appellant’s counsel had not formally challenged the admissibility of the hearsay evidence, as opposed to making submissions on its weight, the Committee was entitled to move straight on to assess its weight without considering its admissibility.

Spencer J outlined several reasons why the Committee would have been obliged to find that the hearsay evidence in relation to the four patients was inadmissible

This case, adopting the principles of Ogbonna and Thorneycroft, makes clear the need for a Committee to undertake a careful balancing exercise before admitting hearsay evidence, especially in a case where the evidence is the sole or decisive evidence on an allegation. The key issue in all cases is one of “fairness”.eviev