bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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Page 33 of 81

No Higher Threshold Required to Prove Serious Allegations before the MPTS

11 February 2022

A recent Appeal case, Byrne v General Medical Council [2021] EWHC 2237 (Admin), has confirmed that the civil standard of proof should not be applied on a ‘sliding scale’ when considering evidence in fitness to practise proceedings. Historically, if an allegation was more serious, it followed that stronger evidence would be required to prove the case. The appeal case cements the position that allegations in fitness to practise proceedings require to be proved ‘on the balance of probabilities,’ with no provision of a higher threshold of evidence for allegations threatening more serious consequences.

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