Tribunal Tweets 2 #OpenJustice Profile picture
Mar 21, 2022 21 tweets 5 min read Read on X
Good morning & welcome to the medical practitioners tribunal, today dealing with the request to adjourn the hearing to consider the fitness to practice of Dr Michael Webberley, co-founder of Gender GP.

We're due to start at 11am.

Catch up here:
The panel is currently private. I'll be called when they're ready.

For now, we know GMC counsel are Simon Jackson QC (SJ) and his junior Ryan Donohue (RD).

Note: RD was counsel for GMC in Dr Harrop case

We don't know if MW has counsel today or if he'll represent himself yet
Further abbrevs:

GMC: General Medical Council
MPTS: Medical Practioner Tribunal Service
MW: Michael Webberley
VE: Voluntary Erasure
GGP: Gender GP
I have just been told that the 'in camera' (private) meeting is still continuing and it may be some time until I am called.
While we wait, FYI, I've driven 180miles today as GMC & MPTS have refused our remote access request.
@tribunaltweets are a self funding team of citizen journalists, dedicated to bringing #OpenJustice. It's frustrating other reporters can observe online. We continue to request.
@tribunaltweets I have now been moved to a smaller waiting room, hopefully it'll not be long now until we start.
@tribunaltweets The Chair is discussing the adjournment request and has determined the case should NOTBbe adjourned and will proceed. Written reasons will be proved for the decision and available to the public.
@tribunaltweets MW's counsel is RBS
RBS: bearing in mind the length of time, the tribunal commit its decision to writing so it can be considered in high court. It would be surprising if a decision to adjourn is made without a written determination.
@tribunaltweets RBS: Partic. In absence of MW.and why the case wasn't adjourned
Chair: we acknowledge it'd be better for written determination however we can't ignore that 8 working says have been occupied and didn't start til 12 today. We hoped to start at 11.
Chair: the amount if time alloted to the case is because its necessary, the only reason we haven't given written detail yet is we understand on current availability of experts, unless they start giving evidence this week.
Chair: we will give a determination by Wednesday, if we were to proceed in MW absence we could anticipate having the experts reschedule and conclude in sufficient time. We can then be confident we can complete the full proceedings.
SJ: thank you chair. In terms of the decision of putting determination in writing, now the issue has been raised subject to this observation. RBS has not said the decision has been made to seek leave to pursue the matter, in terms of appealing the adjournment denial.
SJ: High Court will need to see written reasons and tribunal needs to do that. In terms of timetabling, the enquires GMC have made, the plan would have been, the first expert guve evidence tomorrow. The opening can only be completed once proof of service and proceeding in absence
SJ: the second expert, Psychologist is available and another expert is only next available late march. If one looks at prospect the tribunal does written determination by tomorrow the case can be opened and start with Dr Kieran on Friday
SJ: GMC has already done a lot of work already to reach stage 1 determination. There will be a lot of time spent looking at all of the charges.
SJ: if we have a table schedule with all evidence, a working document, not an advanced document due to where we are at. That can still be distilling and finalised and that will save tribunal time. Primary objective to complete hearing, second to get to end of stage 1.
SJ: our subs are early determination, proceed in absence, then call Dr Keiran and Dr Quinton next week and make speedy process thereafter.
Chair: evidence matrix will make us be able to identify specific issues and subject to decisions and be very useful
Chair: are you confident both experts can conclude evidence within a day, on assumption MW will NOT be participating.
SJ: gMC are optimistic. Position is the tribunal has read the bundles. Including 600 pages of expert evidence and further Patient records
SJ: you'll have all info distilled and they're cross referenced. I'm in a position wherevI'm focussing on what additional questions to experts in chief. The Tribunal must think about how much time you need. Little to be gained by counsel asking Qs when they've got all info.
Chair asks colleagues if they'd like to ask anything.

Chair: The tribunal will consider submissions and applications made by MW, I suggest we resume in public at 2.15pm. We desire to conduct the proceedings in public so far as we are able to.
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More from @tribunaltweets2

Jul 25
We will be reporting the second day of the Employment Appeal Tribunal of Nigel MacLennan vs the British Psychological Society from 10:30 am. MacLennan, elected president in 2020, was expelled from the charity in May 2021. Image
Details of the case, the various intervenors who have an interest in charities and whistleblowing and full coverage of the first day of the hearing are on our Substack: tribunaltweets.substack.com/p/maclennan-vs…
Abbreviations:
NM/A/C - Nigel MaClennan, appellant or claimant
BPS/R - British Psychological Society, respondent

CM - Chris Milson, barrister for appellant
EDS or DS - Emma Darlow Stearn, barrister for appellant
PG - Paul Gilroy KC, barrister for appellant
Read 52 tweets
Jul 24
The Employment Appeal Tribunal of Nigel MacLennan vs the British Psychological Society on whistle blowing protections will recommence at 2pm. This morning's report is here.
archive.ph/j8ttK
Abbreviations:
NM/A - Nigel MacLennan, appellant
BPS/R - British Psychological Society, respondent

CM - Chris Milson barrister for appellant
EDS or DS - Emma Darlow Stearn barrister for appellant
OS - Oliver Spratt, solicitor for appellant
PG - Paul Gilroy KC , barrister for respondent
JL- Jeremy Lewis KC barrister for intervenor Protect @WhistleUK
MS - Mukhtiar Singh barrister for intervenor Protect
NL - Naomi Ling barrister for intervenor Charity Commission @ChtyCommission
Read 87 tweets
Jul 24
We expect to be reporting from 10:30 am on the Employment Appeal Tribunal of Nigel MacLennan vs the British Psychological Society. MacLennan, elected president in 2020, was expelled from the charity in May 2021. Image
A tribunal ruled last year that MacLennan, an officer and trustee, did not have employment standing and thus the tribunal had no jurisdiction re detriments from making protected disclosures. The case has significance for the charity sector and whistleblowing.
The Charity Commission and Protect @WhistleUK have been granted leave to intervene in the case.
Read 89 tweets
Apr 11
Last part -
BN - is 7b is engaged then 7b should be engaged, in the way it was framed - it was said it was engaged.
BN - [addressing whether the in app communication - hard to prove - as whole thing shut down long ago - (goes to ability to prove what went on)
BN addressing HR commision
- GI doesnt include thoughts & feelings
- chief justice for SA -when you have multiple purposes - you look at text and context on cases
BN - engage with conduct - 'her gender characteristics are why she is being treated like a man'
But RT gender characteristics isn't made out - not made on what's pleaded to. The gender evidence is not enough to locate the discrimination in the case - as put
Read 17 tweets
Apr 11
Part 4 -(Correction on MM, the name was actually Elodie Nadon, apologies)
Counsel coming in.
BN - parties rely on conditions of court (lists paragraphs)
BN - speaks of the content of a treaty obligation what it depends on - reads the interpretative principles -
- given weight - footnote says taken as a whole - the int law,... BN says court only takes on recommendations
...but can't be elevated to ignoring the intent of the instrument/treaty.
BN - footnote 7 refers to (gives a court event /occasion/judgement) para 66 - proposition which footnote supports - the point these general commentaries used in a broader context & application to indi facts
Read 29 tweets
Apr 11
Part 3
BN - Have to engage with case as pleaded.
Honor made remarks - there is a division tween direct and indirect discrimination (dis')
Only one way to pursue this case is it has to be direct - indirect in discrimination -
J says planning direct and indirect discrimination..
J reiterates PLAINLY dir and indir discrimination.
J asking if only handling direct - not a way to procede
BN and arguing -BN arguing about a comparative class -
J says should address both,
BN says will do so - but makes the point - that the case has changed - as imprudent
BN - what is relevant is the facts
Court requires to define GI which Tickles lawyers haven't done. Bn going to Gender identity def.
J - the adopted the commissioner's definition
BN - objects Tickles's lawyers (RT'sL)
BN - reads out the GI def
Read 32 tweets

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