Regulatory
Law

List of topics by chapter: 5th Edition

Chapter 1: The basis and extent of the jurisdiction

Chapter 2: The right to a fair trial

• Civil rights and obligations
• Does the application of Article 6 depend on the outcome the proceedings or the powers of the tribunal?
• Judicial review
• Public authority
• Trial within a reasonable time

Chapter 3: The common framework

Chapter 4: The grounds for disciplinary action

• Autrefois acquit
• Rehabilitation of Offenders
• Serious professional misconduct

Chapter 5: The role of ethical guides and codes of practice

• Estoppel

Chapter 6: Commencing an investigation

• Medical confidentiality and the public interest

Chapter 7: The investigation

• Independence of investigator

Chapter 8: The decision to prosecute

Chapter 9: The tribunal

• Bias
• Impartiality
• Interruptions from the tribunal
• Legal assessor
• The powers of a disciplinary tribunal
• The role of the legal assessor
• Tribunal 'established by law'

Chapter 10: Pre-trial issues

• Civil Procedure Rules
• Criminal Procedure Rules
• Delay
• Disclosure
• Discovery
• Notice of hearing

Chapter 11: Public hearings

• The confidentiality of disciplinary proceedings

Chapter 12: Witnesses, evidence and proof

• Evidence and human rights
• Hearing evidence in open court
• Standard of Proof
• The determination of a 'criminal charge'

Chapter 13: The hearing

• Appeals against decisions of the Fitness to Practise Panel
• Legal representation and the Human Rights Act
• Legal representation: seriousness of proceedings
• Reasons
• Supervisory jurisdiction
• Unnecessary advice

Chapter 14: Penalties, powers and costs

• Interim proceedings
• Personal mitigation
• The use of sanctions

Chapter 15: Appeal and judicial review

• Appeals to the Court
• Fresh evidence
• New evidence on appeal

Chapter 16: Regulatory functions

• Practising certificates
• Regulatory conditions

Chapter 17: The enforcement powers of the Financial Services Authority

• FSA power to prosecute
• Insider dealing
• The power of the FSA to prosecute

Chapter 18: Healthcare regulation

• Appeal against fitness to practise decisions
• Appeals against decisions of the Fitness to Practise Panel
• Fitness to practise
• Fitness to practise considerations
• Fitness to practise grounds
• Fitness to practise skills
• GMC Registrar
• Misconduct
• The Fitness to Practise Panel of the GMC

Chapter 19: The regulation of legal services

Chapter 20: The civil liability of disciplinary and regulatory bodies

• Nursing homes

Chapter 21: The retrospective effect of rule changes

Chapter 22: Data protection and freedom of information

• Processing personal data

Chapter 23: Practical advice

Chapter 24: Exemplars

Appendix: The Human Rights Act 1998

• A lawyer’s right to criticize under Article 10
• Freedom of expression
• The right to free expression and judicial independence