LK [2020] CSIH 40, 2020 WL 03841232

Topics:            Experience

                        Conflict of interest

                        Impartiality

Nature of case: Appeal against a determination of the Nursing and Midwifery Council.

The case: The NMC called as an expert witness Ms 2. It was objected that (1) she lacked knowledge and understanding of the day to day demands on a practising midwife. Her understanding "may be out of date" since she accepted, for example, that it had been some time since she herself had delivered a baby and (2) that "[she] pursued an investigative and prosecutorial role against the [appellant]. This was her role through the NHS Tayside Disciplinary process. She had come to a concluded view before the current procedure was begun. She is entirely partial as a result .., and any opinions she provides are necessarily biased and stem from an Investigatory process I say was flawed."

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