This site is based on Disciplinary and Regulatory
Proceedings, 4th Edition.
Index for "Chapter 10"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...Disclosure: Equality of arms‘One of the elements of the broader concept of a fair trial is the principle of equality of arms, which requires each party to be given a reasonable opportunity to present his or her case under cond...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...Unreasonable delayThere is nothing in Article 6 of the ECHR to prevent a continuation of delayed proceedings, even if they have not been concluded within a reasonable time, so long as the fairness of the trial has not ...Vagueness in charge‘In my judgment, duplicity is not a basis for interfering with a disciplinary finding ..., although of course it may be relevant to the fairness of the proceedings and to the ultimate penalty if cha...Without prejudice communications‘The exception to the rule governing without prejudice communications has at its heart an abuse of a privileged occasion. Moreover, it is an exemption which will rarely be found to be applicable. Th... |
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