List of topics by chapter
Chapter 1: The Basis of the Jurisdiction
Chapter 2: The Right to a Fair Trial
- Curing defects on appeal
- Judicial review of contractual relationships
- Office of the Independent Adjudicator for Higher Education
- Psychiatric hospitals as public authorities
- 'Public authority': generous interpretation
- Sporting bodies
- The overriding objective of a fair trial
Chapter 3: The Common Framework
- Arbitration
- Arbitration: Stretford v The Football Association Ltd & Anor [2007] EWCA Civ 238
- The independence of the prosecutor
Chapter 4: The Grounds for Disciplinary Action
- Bringing office into disrepute
- By what professional standard is bad work to be judged?
- Serious professional misconduct
- Dishonesty in Disciplinary Proceedings
- Double jeopardy
- Expert evidence: need for personal examination
- Negligence as professional misconduct
- Professional incompetence
- Serious professional misconduct
- 'The Twinsectra test'
- Unacceptable professional conduct
Chapter 5: The Role of Ethical Guides and Codes of Practice
Chapter 6: Commencing an Investigation
Chapter 7: The Investigation
Chapter 8: The Decision to Prosecute
Chapter 9: The Tribunal
- Immunity from suit: Lake v British Transport Police [2007] EWCA Civ 424
- The recording of disciplinary proceedings
- The role of the legal assessor
Chapter 10: Pre-trial Issues
- And/or allegations
- Multiple charges: Vranicki v Architects Registration Board [2007] EWHC 506 (Admin)
- Effects of a disciplinary finding in disciplinary proceedings
- Vagueness in charge
- Without prejudice communications
Chapter 11: The Hearing
Chapter 12: Witnesses, Evidence and Proof
- Effects of a disciplinary finding in civil proceedings
- Expert evidence
- Immunity of expert
- Probative value of a civil judgment
- The court’s approach to decisions of the tribunal of first instance.
- Evidence of disability
- Hearsay evidence
Chapter 13: The Hearing
- Taking a plea
- The recording of disciplinary proceedings
- The need for evidence in adversarial proceedings
Chapter 14: Penalties, Powers and Costs
- Costs against a regulator
- Costs against the prosecutor
- Interim orders
- The proper approach to imposing sanctions
- Costs against a regulator
- Costs in disciplinary proceedings
- Prosecutor's liability to costs
- The use of sanctions
Chapter 15: Appeal and Judicial Review
Chapter 16: Regulatory Functions
- Interim suspension
- Law Society intervention orders
- Inter-regulatory consultation
- Interim orders against a doctor
- Membership criteria
Chapter 17: The Enforcement Powers of the Financial Services Authority
- Enforcement powers of the FSA
- Use of evidence obtained during FSA enquiries: Real Estate Opportunities Limited v Aberdeen Asset Managers Jersey Limited & Ors [2007] EWCA Civ 197
Chapter 18: Healthcare Regulation
- Fitness to practise
- GMC Fitness to Practise panel
- Interim orders against a doctor
- Interim suspension orders
- Personal mitigation
- Serious professional misconduct
- The role of the PPC
Chapter 19: The Civil Liability of Disciplinary and Regulatory Bodies
Chapter 20: Practical Advice
Chapter 21: Exemplars
Chapter 22: The Retrospective Effect of Rule Changes
Chapter 23: Data Protection and Freedom of Information
- Data Protection
- Data Protection Act 2003
- Private warnings and potential challenge by the Information Commissioner
- "Private warnings' no longer private?
Appendix: The Human Rights Act 1998