This site is based on Disciplinary and Regulatory
Proceedings, 4th Edition.
Index for "Cases"Adjournments: Crown Prosecution Service v Picton [2006] EWHC 1108 (Admin)The principles governing a decision as to whether to adjourn a hearing of a criminal prosecution have been summarized as follows by the Court in the case of Crown Prosecution Service v Picton [2006] E...Arbitration and human rightsWhere parties have voluntarily or (as some of the cases put it) freely entered into an arbitration agreement they are to be treated as waiving at least some of their rights to a fair trial under artic...Bringing office into disrepute: Livingstone v Adjudication Panel for England [2006] EWHC 2533 (Admin)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)....By what professional standard is bad work judged?: Holton v General Medical Council [2006] EWHC 2960 (Admin)It has been held that the standard to be expected of a doctor is ‘the appropriate standard was that applicable to the post to which he was appointed and the work he was carrying out.’Chapter 7: Privilege: Buckley v Dalziel & Anor [2007] EWHC 1025 (QB)The public interest requires that those involved in a criminal investigation should be able to communicate freely and without being inhibited by the threat of proceedings for defamation. That requirem...Chapter 9: Immunity from suit: Lake v British Transport Police [2007] EWCA Civ 424For the extent of the immunity enjoyed by certain judicial and semi-judicial tribunals see Lake v British Transport Police [2007] EWCA Civ 424Chapter 9: The recording of disciplinary proceedingsAll but the most informal tribunals have some arrangement for recording their proceedings. This may take the form of written minutes or a mechanical recording. Both must be subject to challenge and co...Chapter 10: And/or allegationsThe Law Society should avoid where possible formulating charges which include "and/or" allegations which comprised numerous alternatives. Where such a charge is laid, the Tribunal should make specific...Chapter 10: Multiple charges: Vranicki v Architects Registration Board [2007] EWHC 506 (Admin)Where there were a number of disciplinary charges of serious professional incompetence against an architect it was unnecessary for the PCC to decide that each individual allegation that they found pro...Chapter 12: Effects of a disciplinary finding in civil proceedingsIn the case of Simms v Conlon & Anor [2006] EWCA Civ 1749 it was held that where the issues in a civil action overlap to a significant degree with those in disciplinary proceedings (in this case a fin...Chapter 12: Expert evidenceWhile the expression of an independent opinion is a necessary quality of expert evidence, it does not always follow that it is sufficient condition in itself. Where an expert has a material or signifi...Chapter 12: Immunity of expertIn General Medical Council v Meadow [2006] EWCA Civ the Court was unanimous in overruling the first instance decision of Collins J by that an expert witness is immune from disciplinary, regulatory or ...Chapter 15: The right of appeal: Staroszczyk v Poland 59519/00 [2007] ECHR 222The (European) Convention does not compel the Contracting States to set up courts of appeal or of cassation. However, where such courts do exist, the guarantees of Article 6 must be complied with, for...Chapter 16: Interim suspension"The protection of members of the public" is not a term interchangeable with "the public interest" in the General Social Care Council (Conduct) Rules 200. Council for the Regulation of Healthcare Prof...Chapter 17: Enforcement powers of the FSAIn Paul Davidson and Ashley Tatham v FSA , 7 September 2006 Davidson and Tatham successfully appealed against FSA fines of £750,000 and £100,000 respectively for market abuse and the Financial Servi...Chapter 17: Use of evidence obtained during FSA enquiries: Real Estate Opportunities Limited v Aberdeen Asset Managers Jersey Limited & Ors [2007] EWCA Civ 197The Court of Appeal held that evidence obtained in the course of FSA enquiries could be released to third parties for use in private lawsuits, notwithstanding the provisions of Sections 348 and 391 of...Chapter 18: Interim order against doctorIn the case of an interim order against a doctor, Article 6 of the ECHR is not normally engaged. All that is required is that the tribunal acts speedily and on the basis of credible evidence. R (on th...Chapter 19: Immunity from suitFor the extent of the immunity enjoyed by certain judicial and semi-judicial tribunals see Lake v British Transport Police [2007] EWCA Civ 424.Costs against a regulatorUnless (a) complaint is improperly brought, or, for example, proceeds as it did in in Gorlov v the Institute of Chartered Accountants in England and Wales [2001] EWHC Admin 220, as a "shambles from st...Costs against a regulator: Baxendale Walker v The Law Society [2006] EWHC 643The comment of Moses LJ that, ‘Absent dishonesty or lack of good faith a costs order should not be made against a regulator unless there is good reason to do so’ was said to have ‘put the matter...Disgraceful conduct: MacLeod v. The Royal College of Veterinary Surgeons (The Disciplinary Committee of the RCVS) [2006] UKPC 39The Privy Council have expressed the view that disgraceful conduct in a professional respect is conduct which falls far short of that which is expected of the profession.Effects - disciplinary finding in civil proceeding: Simms v Conlon & Anor [2006] EWCA Civ 1749Where the issues in a civil action overlap to a significant degree with those in disciplinary proceedings (in this case a finding of dishonesty) and it would be expensive and time-consuming to require...Effects of a disciplinary finding in disciplinary proceedingsWhere the issues in a civil action overlap to a significant degree with those in disciplinary proceedings (in this case a finding of dishonesty) and it would be expensive and time-consuming to require...Expert witnesses: GMC v MeadowsThe case of General Medical Council v Meadow [2006] EWCA Civ 1390 dealt with two important, but quite separate issues. -- The immunity issue The Court was unanimous in overruling the first instance de...Expert witnesses: Toth v Jarman [2006] EWCA Civ 1028While the expression of an independent opinion is a necessary quality of expert evidence, it does not always follow that it is sufficient condition in itself. Where an expert has a material or signifi...Indicative Sanctions: Raschid v General Medical Council [2006] EWHC 886 (Admin)‘It is necessary for a Panel, when considering the appropriate sanction, to work from the bottom up, if I may put it that way, that is to say to consider the least penalty and to ask itself whether ...Interim orders against a doctorIn the case of an interim order against a doctor, Article 6 of the ECHR is not normally engaged. All that is required is that the tribunal acts speedily and on the basis of credible evidence. R (on th...Interim orders: R (on the application of Malik) v Waltham Forest Primary Care Trust (Secretary of State for Health, interested party) [2006] 3 All ER 71In the case of an interim order against a doctor, Article 6 of the ECHR is not normally engaged. All that is required is that the tribunal acts speedily and on the basis of credible evidence.Law Society intervention orders: Sheikh v Law Society of England & Wales [2006] EWCA Civ 1577In an appeal against a statutory intervention order made by the Law Society remarks were made which would seem to have a wider application than their particular context. -- The making of an interventi...Legal assessors: Watson v General Medical Council [2005] EWHC 1896 (Admin)The requirements of a fair trial are not necessarily infringed if the legal assessor retires with the tribunal; but the parties must be given an opportunity to make representations on the advice given...Probative value of a civil judgment: Constantinides v The Law Society [2006] EWHC 725 (Admin)It has been said that there can be ‘no reasonable objection to the Solicitor’s Disciplinary Tribunal reading ( the judgment of a Chancery Judge in a related matter ), provided it was clear and rig...Probative value of tribunal finding: Secretary of State for Education & Skills v Mairs [2005] EWHC 996 (Admin); [2005] ACD 93A Care Standards Tribunal was entitled to have regard to, but was not bound by the findings of, a statutory tribunal which was neither a court or a judicial tribunal in the relevant sense. (The tribun...Sanctions for dishonesty: Law Society v Wilson [2006] EWHC 1022 (Admin)‘In my judgment, this being a case involving criminal offences of dishonesty, it is one where mitigation personal to the solicitor can carry limited weight. The important factor is the maintenance o...Serious professional misconductIn the case of Biswas, R (on the application of) v The General Medical Council [2007] EWHC 1644 (Admin) Gibbs J. held that ‘The question of what is serious or not in the context of medical practice ...Taking a plea: Revitt, Borg and Barnes v Director of Public Prosecutions [2006] EWHC 2266; 170 JP 729The practice of taking a formal plea of guilty is not inconsistent with Article 6 of the ECHR: X v UK (Application no 5076/71) March 1972The proper approach to imposing sanctions: MacLeod v. The Royal College of Veterinary Surgeons (The Disciplinary Committee of the RCVS) [2006] UKPC 39The courts are increasingly stressing the importance of tribunals considering all sanctions before imposing a greater sanction. For example, a finding of the Disciplinary Committee of the Royal Colleg...The recording of disciplinary proceedings: Amwell View School v Dogherty [2006] UKEAT 0243 06 1509All but the most informal tribunals have some arrangement for recording their proceedings. This may take the form of written minutes or a mechanical recording. Both must be subject to challenge and co...The role of the legal assessor: R (Campbell) v. General Medical Council [2005] EWCA Civ 250It has been said that ‘it is well-established that the role of a legal assessor assisting a disciplinary panel is not analogous to that of a judge summing up in a criminal trial. In R (Campbell) v. ... |
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