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The grounds of appeal in overview
The grounds of appeal in overview
The Appellant advanced a series of grounds, addressed by counsel in a helpful composite way, as follows:
Grounds 1-3: The Tribunal erred by (i) relying on evidence that was contradictory and inconsistent; (ii) failing to make detailed findings of fact in relation to the incident; and (iii) making a finding which amounted to “something happened” rather than properly addressing the burden of proof.
Ground 4: The Tribunal failed to give any, or any adequate weight to the fact that the witnesses discussed events on several occasions; and
Grounds 5 and 6: The Tribunal failed to give any or any adequate weight to the Appellant’s evidence and to the Appellant’s professional standing.
The Respondent relied on the fact that the Tribunal had the advantage of hearing live evidence from a number of witnesses, including Patient A and the Appellant. The Respondent’s overarching contention was that the finding that the Appellant had slapped Patient A was not sufficiently out of tune with the evidence as a whole so as to justify interference on appeal.
- Heading
- Introduction
- The factual background
- The fitness to practise hearing
- Evidence relevant to paragraph 1a of the Allegation relied on by the Respondent
- The no case to answer submission and the Tribunal’s determination on it
- The Appellant’s evidence
- The Tribunal’s determination at the conclusion of the evidence
- The legal framework
- Appeals challenging findings of fact
- The assessment of witness evidence and the giving of reasons
- The grounds of appeal in overview
- Grounds 1-3
- Ground 4
- Grounds 5 and 6
- Conclusions