Regulatory Hearings – No Right To Remain Silent?

Sometimes it is better for a registrant not to give evidence to a fitness to practise panel. And they can do so safe in the knowledge that the panel cannot draw any adverse inferences - until now. The recent decision of the High Court in R (Kuzmin) v General Medical Council [2019] EWHC 2129 (Admin) has overturned that long-held belief. This will have immediate implications for professionals appearing before their regulators and also the legal teams advising them.

In 2016 Mr Kuzmin had an interim order of conditions imposed by the MPTS. However he failed to disclose all of these conditions to his employer. Though ultimately there was no finding of misconduct in the original GMC case, his failure to disclose the interim order resulted in further GMC proceedings involving allegations of dishonesty.

Mr Kuzmin submitted a witness statement to the MPTS.

After the GMC's evidence, Mr Kuzmin made a submission of no case to answer. When this was rejected he withdrew his witness statement. The GMC submitted that the tribunal...