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Conference address: hmcts1136@meet.video.justice.gov.uk
Guest PIN: 0063
Phone number: +44 2036088838
Voice conference ID: 25746348#
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Plan for Thursday 14 July 2022 – From 1400
1.Dr Day Closing submission
2. Trust closing submission
Read the press coverage of the twists and turns of the June 2022 hearing all in one place click this link – Coverage of the June 2022 Dr Chris Day Whistleblowing Hearing – DrChrisDay
Read the statements of Jeremy Hunt, Sir Norman Lamb, Dr Smith, Dr Hormaeche and Melissa Day
Dr Chris Day’s 4 witness statements for these proceedings
All four of my statements for this hearing can be found here.
Real time Hearing Summary
Friday 8 July 2022
Dr Day’s Strike Out Application of Respondent’s Case – Dismissed
3rd Statement from Dr Chris Day in Support of Strike Out Application
Order from 4/7/22
Hearing stopped pending Lewisham and Greenwich NHS Trust’s compliance with this specific disclosure order and an order that they produce a witness statement about their disclosure process in this case
Capsticks Statement about their Failures in Disclosure
Monday 4 July 2022- Application made by Andrew Allen QC on behalf of Dr Chris Day
NEXT WITNESS – David Cocke (Director of Communications Lewisham and Greenwich NHS Trust)
Statement will appear below despite the Trust withdrawing the witness from the hearing
David Cocke Main Statement
PREVIOUS WITNESSES ;
Ben Cooper QC ( Former NHS Trust Barrister) (Cross exam completed 1/7/22)
Relevant Documents
- Supplementary statement of Claimant Dr Day
- Ben Cooper QC statement
- Section 4 Claimant’s Main Statement( see below)
Mr Ben Travis – CEO Lewisham and Greenwich NHS Trust (Cross exam completed 1/7/22)
Melissa Day (Claimant’s wife) (cross exam completed 29/6/22)
CLAIMANT – DR CHRIS DAY (2-4 days) (cross-examination 27-29 June)
Main Statement and Index
Second Statement from Dr Chris Day refuting Ben Cooper QC’s allegations against Dr Day
Dr Sebastian Hormaeche – (cross examination complete 27/6/22)
Dr Megan Smith (cross examination completed 23/6/22)
Chris Milsom under a Witness Order ( (cross examination completed 23/6/22)
The evidence in Section 4 of my witness statement will be explored with Mr Milsom by both side’s counsel
Sir Norman Lamb (cross examination completed 22/6/22)
Rt Hon Jeremy Hunt (statement accepted without challenge)
Applications
Application 1—- Lewisham and Greenwich are refusing to provide the identity of 3 groups of its senior staff that it refers to as the “senior clinicians” , “senior team” and “senior doctors”. Both the Trust CEO and the Communications Director make multiple references to these groups in their statements and seek to rely on them but are also refusing to identify them. These individuals have not been produced as witnesses for the hearing. The senior manager that acted as the instructing client has also not been produced as a witness which is astonishing. This application seeks an Order from a Judge for the individuals referred collectively as the “senior team”, ” senior clinicians” and “senior doctors” to be identified (before the Trust CEO is cross examined)
Application 2—–
The Trust are seeking to exclude the below statements from the Consultant Anaesthetists Dr Smith and Dr Hormaeche. We have made an application to have the evidence of these two consultants heard by the Tribunal.
Application 3 — The Trust are resisting me submitting a statement responding to Mr Ben Cooper QC’s allegations made against me that I was dishonest under oath. It is my position that after reading my statement it becomes clear who is really being dishonest out of me and Mr Cooper! The Trust cannot allow their barrister to make such serious allegations then refuse me a right of reply. We have made an application to have the below statement accepted in evidence by the Tribunal.
This document summarised the arguments and submissions that will be advanced by Andrew Allen QC on my behalf.
Claimant Witness Statements
To assist with understanding proceedings I have included my fully indexed witness statement