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This site is based on Disciplinary and Regulatory Proceedings, 4th Edition.

Index for "Chapter 12"

Chapter 12: Effects of a disciplinary finding in civil proceedings

In 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 evidence

While 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 expert

In 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 12: Probative value of a civil judgment

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...

Chapter 12: The court’s approach to decisions of the tribunal of first instance.

Hearing an appeal from a judge of first instance Lady Justice Arden said, -- ‘The judge held that the court "naturally [paid] great respect to the view of the evidence taken by the IOP", in view of ...

Evidence of disability

The Social Security Commissioner has given the following guidance on how the evidence of an approved disability analyst should be assessed. -- 1. In so far as the advice consists of an explanation, it...

Hearsay evidence

A power to admit hearsay evidence in disciplinary proceedings is not necessarily incompatible with The European Convention on Human Rights. -- Article 6(3) of the Convention provides that ‘everyone ...

Standard of Proof

A recent opinion of the Appellate Committee of the House of Lords has gone a long way to clarifying the standard of proof in certain civil proceedings. Lord Hoffmann’s opinion, from which the extrac...