Index for "4th Edition, Chapter 4"
‘A moment's thought will suffice to
demonstrate that the mere fact of an acquittal in
criminal proceedings cannot be the be all and end
all of the matter for other purposes. Supposing,
for example, ...
Misuse of office can obviously bring disrepute
on the office, but personal misconduct will be
unlikely to do so. Per Collins J in Livingstone v
Adjudication Panel for England
[2006] EWHC 2533 (Admin)....
It has been held that the standard to be
expected of a doctor is ‘that applicable to the
post to which he was appointed and the work he was
carrying out.’ Holton v General Medical Council
[2006] E...
Important guidance on the standards expected
of expert witnesses was given by the Court of
Appeal in General Medical Council v Meadow
[2006] EWCA Civ 1390. -- Prof. Meadows, who
lacked a sufficient st...
The decision of the Court of Appeal in
Bultitude (Bultitude v Law Society
[2004] EWCA Civ 1853) stands as binding
authority that the test to be applied in the
context of solicitors' disciplinary proce...
After reviewing the authorities, Jackson J.
summarized the law as follows: -- (1) Mere
negligence does not constitute "misconduct" within
the meaning of section 35C(2)(a) of the
Medical Act 1983. Neve...
Professional incompetence -- ‘The (
Architects
Act 1997) distinguishes between serious
professional incompetence and unacceptable
professional conduct. However, as must be obvious,
there is a conside...
In the case of Twinsectra Ltd v Yardley
[2002] 2 AC 164 Lord Hutton said that ‘(Their)
Lordships should state that dishonesty requires
knowledge by the defendant that what he was doing
would be rega...
