Elefterescu (Appellant) v The Royal College of Veterinary Surgeons (Respondent)

Case summary

Case ID

JCPC/2018/0060

Jurisdiction

United Kingdom

Parties

Appellant(s)

Horia Romeo Razvan Elefterescu

Respondent(s)

The Royal College of Veterinary Surgeons

Issue

(1) Whether there were procedural failings during the appellant’s hearing before the Disciplinary Committee of the respondent (“the Committee”). (2) Whether the Committee’s findings, in particular that the appellant had acted dishonestly, were properly made.

Facts

The appellant is 58 years old and from Romania. He has qualifications in the field of veterinary science from both Romania and Australia obtained in 1985, 1995 and 2016. From 2009 to 2015, he did not practise as a veterinary surgeon as he was completing his Australian degree. On 2 September 2015, he started work in the United Kingdom. He was employed by CVS (UK) Ltd (“CVS”) on the basis that he was an experienced orthopaedic surgeon. He worked for this company at each of its three practices (Ark, Farthings and Coopers). CVS terminated is employment at the end of his period of probation due to concerns about his performance. CVS reported those concerns to the appellant, and they formed the basis of the charges faced by him in the present proceedings. In outline, the charges concern his veterinary treatment, failure to keep clinical records, dishonest clinical record-keeping and dishonest statements to the respondent (as his regulator). After a seven-day hearing, the Committee found all charges against the appellant proven, save for charge 6(d) concerning clinical record-keeping. It directed that his name be removed from the Register of Veterinary Surgeons. He challenges this decision. His grounds of appeal include (1) alleged procedural failings relating to evidence not being placed before the Committee, recusal for apparent bias and redacted evidence and (2) the Committee’s treatment of evidence in finding the charge of disgraceful conduct in a professional respect proven. This appeal to the JCPC is brought as of right pursuant to section 17 of the Veterinary Surgeons Act 1966.

Date of issue

19 June 2018

Judgment details

Judgment date

10 February 2020

Neutral citation

[2020] UKPC 6

Judgment links

Appeal

Justices

Lord Kerr

Lord Carnwath

Lord Kitchin

Hearing dates

Start date

17 October 2019

End date

17 October 2019

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