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This site is based on Disciplinary and Regulatory Proceedings, 5th and 6th Editions.
Out now: Passion, Poison and Power, Brian Harris' new book
on the Murder of Sir Thomas Overbury
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Index for "6th edition, Chapter 14"

Costs against a disciplinary body

'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...

Costs against a regulator

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...

Dishonesty

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...

Indicative Sanctions Guidance

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...

Newton hearings

‘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...

Reliance on sentencing precedents

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...

Sanctions of a foreign regulator

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 Bolton principles

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 fault of others

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...

The sentencing of police officers

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...