A medical tribunal that relies on expert evidence must accurately understand and apply that evidence in context; misapplying evidence directed at one procedure as if it related to a different procedure constitutes error of law invalidating the decision. Where a tribunal makes findings of incompetence or misconduct on matters not notified in the complaint or particulars and not litigated at the hearing, the practitioner is denied procedural fairness. The majority held that the issue of competence to perform the procedures actually carried out was not 'litigated' merely because evidence relevant to that issue was adduced for other purposes.
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