Eloise Power successfully appears for the respondent in High Court appeal before Kerr J in Peckitt v General Dental Council
22nd April 2016
The Court considered the important question of whether a second regulatory body will be bound by a first regulatory body’s finding of facts. Kerr J made the following observations:
It is correct that the second regulator should not revisit the findings of fact of the first regulator except in “exceptional cases”.
If there was a decision of the first regulator which was “manifestly flawed”, there may in theory be a justification for the second regulator not to adopt the findings.
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