The GMC's appeal against the High Court's decision in the Roy Meadow case in February 2006 was heard in the Court of Appeal on 10 July 2006. The GMC were challenging the decision of Mr Justice Collins who had determined that professionals ought not to be subject to disciplinary action raised in respect of evidence they have given in court proceedings. The Court's decision is expected within the near future.
The suspicion that the challenge will to some extent be successful has been fuelled by the intervention of the Attorney General, Lord Goldsmith in the appeal, in his role as guardian of the public interest. It is interesting to note that the Attorney General expressed the Government's position to be in favour of prioritising public protection from experts who go beyond their expertise or who express views unsupported by evidence, ahead of the public interest in ensuring that witnesses are not deterred from giving evidence freely and honestly.
We at Shepherd+ Wedderburn will be keeping a close eye on developments in this area and will issue a flash update when the decision is made available in the coming weeks. Please subscribe below if you would like to receive this update.