Index for "6th edition, Chapter 14"
'It is clear that the ordinary rule of costs
following the event does not apply in disciplinary
proceedings. A disciplinary body is not in the same
position as a party in ordinary civil litigation.
It...
A decision of the Court of Appeal in relation
to the award of costs against a prosecutor in a
magistrates’ court would seem to have relevance to
the award of costs in disciplinary proceedings
agains...
Although it embodies no important new
statement of principle the case of Solicitors
Regulation Authority v Lawrence & Anor
[2012] EWCA Civ 421 is an illustration of the
circumstances in which the Cour...
The lack of indicative sanctions guidance for
a disciplinary tribunal was impliedly criticized
recently by Mrs Justice Nicola Davies when she
said: ‘the SDT (Solicitors Disciplinary Tribunal)
has no...
‘Procedurally, it is imperative that the
Tribunal does not proceed to sanctioning before
having decided upon and announced the basis of its
findings on the substantive allegations. As a
general prin...
The case of Shah v General Pharmaceutical
Council (formerly Royal Pharmaceutical Society of
Great Britain)
[2011] EWHC 73 (Admin) underlines the dangers
of relying uncritically on earlier decisions. I...
The Administrative Court has held that the
General Medical Council's Fitness to Practise Panel
did not need to give reasons for imposing a
sanction against Dr A which was more onerous than
that impose...
The statements of principle set out by the
Master of the Rolls in Bolton v The Law Society
[1994] 2 All ER 286 remain good law, subject to
this qualification. In applying the Bolton
principles the Sol...
The duty of integrity can be breached where
someone else initiates wrong-doing and where the
person in question is put in a position of choosing
whether to go along with it. -- The Upper Tribunal
said...
A recent decision of the Court of Appeal lays
down the proper approach to the sentencing of a
police officer. -- A sanction resulting in a police
officer having to leave the force will be the usual
co...