I was seriously defamed whilst giving evidence on behalf of a professional 'fitness to practice' council -

[MaxxHeadroom]

Hello CAG Members - I'm new to the Forum, so kindly bear with me please. 

 

I was not aware of this space until I was introduced by one of your prior beneficiaries who is a former work colleague of mine. 

 

I recently gave evidence at a professional 'fitness to practice' council hearing where I testified in support of my witness statement which I provided just over 2-years ago. 

 

I had reported to the authorities what I believed to be an accumulation of prescribed medication  which originated from a secure establishment . 

 

The discovery of this significant quantity of medication was a chance encounter, and the accused, a registered nurse who is known to me, was brought before the 'fitness to practice' council due to the seriousness  of the matter. 

 

It is during these proceedings that the accused registrant defamed me by making comments which implicated me and would do untold harm to both my personal and professional integrity. 

 

The comments were not supported by any evidence and were made on a whim through the accused's representative, presumably under oath.  I say presumably because I had to provide an 'affirmation' prior to giving my evidence.

 

My question is

- are there any Members who have had any insights into how I can research 'defamation law' and what the protocols might be around this topic, please. 

 

As you can see, I am willing to do the leg work, all I'm seeking is some initial thoughts from those Members who might have some knowledge in this area, please.

 

I look forward to hearing from you.  With thanks.

[honeybee13]

Hello, welcome to CAG.

 

We're a general consumer advice forum, so we don't have lawyers on tap, I'm afraid, or any experience of defamation cases. I do know that the starting cost is £10k.

 

I don't really understand how this evidence would get into the public domain - are you a medical person?

 

Hopefully other people will know more than I do, but I would start my research either with a specialist lawyer or on the internet.

 

Best, HB

 

 

[MaxxHeadroom]

Thank you very much.

 

I'm not a medical person but my profession is affiliated to the health sector from a management perspective.

 

Yes, I am researching on the internet and trying to find case law for guidance and some of the constraints around defamation cases.  The 'fit to practice' hearing was heard in public and the matter in question is of public concern.  Thank you once again.

[MaxxHeadroom]

Thank for the warm welcome! HoneyBee13!

[unclebulgaria67]

Suggest that you research the law regarding the professional 'fitness to practice' council hearings.

 

My thoughts are that the libel laws do not apply to these council hearings as they held in the public interest and those taking part in the hearings are free to provide evidence without fear of someone taking them to court for defamation.

 

It is a bit like you can't take someone to court for defamation related to evidence they provided in a Court of law.

[Manxman in exile]

 

9 hours ago, MaxxHeadroom said:

 

... It is during these proceedings that the accused registrant defamed me by making comments which implicated me and would do untold harm to both my personal and professional integrity. 

 

The comments were not supported by any evidence and were made on a whim through the accused's representative, presumably under oath.  I say presumably because I had to provide an 'affirmation' prior to giving my evidence...

 

If the comments were made by "the accused's representative" (by which I assume you mean their lawyer or some sort of union legal rep?) then they would not have been made under oath or affirmation.  The accused's rep would be there simply to put forward their defence and to present their case, not to give evidence as a witness.

 

Did they actually implicate you by name, or did they simply put forward an alternative explanation for the accumulated medication that could have involved various people other than the accused (which might possibly - but not necessarily - have included you)?

 

I'm a former NHS manager myself.  Are you by any chance in a profession regulated by a body like the HCPC or are you a member of a professional organisation?  If I were you, I think my first port of call would be to ask the HCPC/NMC and my professional body whether proceedings in fitness to practice hearings can be the subject of a defamation claim.  Like unclebulgaria, I suspect that the proceedings will be privileged and you will have no claim.

 

You can try researching the law yourself, but beyond what I've suggested above, I suspect you'd be wasting your time.  I'm a law graduate and I would not trust myself to come up with the right answers in an area like this.  You really need paid for professional legal advice if you want even to consider pursuing this.

 

As Honeybee has said, I believe the court fees just to initiate a defamation claim are c. £10k, and so far as I'm aware that's before any lawyer's fees are taken account of.  You need very deep pockets to start a defamation claim... 

Edited August 28, 2022 by Manxman in exile

[Man in the middle]

Presumably these allegations came about whilst you were being cross-examined?

 

If that's the case, the chances of a successful "defamation" action are quite slim. Virtually every witness in court proceedings (whether civil or criminal) will have their testimony challenged to varying degrees. It's what cross-examination is for.