The latest updates from regulatorylaw.co.uk, a free resource for practitioners representing clients before disciplinary tribunals http://regulatorylaw.co.uk 60 http://regulatorylaw.co.uk/Legal_assessor.html http://regulatorylaw.co.uk/Legal_assessor.html#2010-09-01T11:26:53.013Z Wed, 01 Sep 2010 11:26:53 GMT The role of the Justices’ Clerk in the magistrates’ courts is now dealt with in the Consolidated Criminal Practice Direction as follows: -- (V.55.3) -- It shall be the responsibility of the legal ... http://regulatorylaw.co.uk/Tribunal_%27established_by_law%27.html http://regulatorylaw.co.uk/Tribunal_%27established_by_law%27.html#2010-08-22T22:00:51.510Z Sun, 22 Aug 2010 22:00:51 GMT The EctHR has held that the object of the term “established by law” in Article 6 of the Convention is to ensure “that the judicial organisation in a democratic society does not depend on the dis... http://regulatorylaw.co.uk/Reasons.html http://regulatorylaw.co.uk/Reasons.html#2010-08-19T09:14:29.426Z Thu, 19 Aug 2010 09:14:29 GMT ‘… in straightforward cases, setting out the facts to be proved (as is the present practice of the GMC) and finding them proved or not proved will generally be sufficient both to demonstrate to th... http://regulatorylaw.co.uk/Fitness_to_practise_grounds.html http://regulatorylaw.co.uk/Fitness_to_practise_grounds.html#2010-08-17T14:48:55.446Z Tue, 17 Aug 2010 14:48:55 GMT Elias LJ has summarized the law concerning fitness to practise as follows: -- (1) Misconduct is of two principal kinds. First, it may involve sufficiently serious misconduct in the exercise of profess... http://regulatorylaw.co.uk/Passion%2C_Poison_and_Power.html http://regulatorylaw.co.uk/Passion%2C_Poison_and_Power.html#2010-08-15T19:22:53.778Z Sun, 15 Aug 2010 19:22:53 GMT Brian Harris's new book, Passion, Poison and Power is now available for pre-order. -- The Prologue to the book gives a fair taste of the content: -- 'Little attention was paid at the time to the death... http://regulatorylaw.co.uk/FSA_power_to_prosecute.html http://regulatorylaw.co.uk/FSA_power_to_prosecute.html#2010-08-09T08:03:21.137Z Mon, 09 Aug 2010 08:03:21 GMT R v Rollins [2010] UKSC 39– CASE NOTE -- This important decision of the Supreme Court substantially extends the prosecutorial powers of the FSA – and possibly other regulators. -- Mr Neil Rollins,... http://regulatorylaw.co.uk/Estoppel.html http://regulatorylaw.co.uk/Estoppel.html#2010-07-30T11:29:40.186Z Fri, 30 Jul 2010 11:29:40 GMT In Coke-Wallis v Institute of Chartered Accountants In England and Wales [2009] EWCA Civ 730 it was held that the rule in Henderson v Henderson did not prevent a disciplinary tribunal from bringing di... http://regulatorylaw.co.uk/Appeals_to_the_Court.html http://regulatorylaw.co.uk/Appeals_to_the_Court.html#2010-07-26T17:13:30.771Z Mon, 26 Jul 2010 17:13:30 GMT In Marinovitch v GMC , 24 June 2002, Lord Hope giving the judgment of the board said:
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"28. In the appellant's case the effect of the committee's order is that his erasure is fo... http://regulatorylaw.co.uk/Solicitor%27s_Regulatory_Authority.html http://regulatorylaw.co.uk/Solicitor%27s_Regulatory_Authority.html#2010-07-13T09:30:49.923Z Tue, 13 Jul 2010 09:30:49 GMT SRA OUTCOMES FOCUSED REGULATION - TRANSFORMING THE SRA’S REGULATION OF LEGAL SERVICES -- 1. In a recent announcement (30th April 2010) the SRA notified an intention of consulting on the transformati... http://regulatorylaw.co.uk/GMC_Registrar.html http://regulatorylaw.co.uk/GMC_Registrar.html#2010-07-12T07:45:28.588Z Mon, 12 Jul 2010 07:45:28 GMT REMEDY UK LIMITED, R (ON THE APPLICATION OF) v. GENERAL MEDICAL COUNCIL [2010] EWHC 1245 (ADMIN) 28TH MAY 2010 -- 1. This case restates and clarifies (i) the role of the Registrar in his function to r... http://regulatorylaw.co.uk/Discovery.html http://regulatorylaw.co.uk/Discovery.html#2010-07-07T08:50:52.500Z Wed, 07 Jul 2010 08:50:52 GMT LUKE MIGGIN (A MINOR, SUING BY HIS MOTHER AND NEXT FRIEND EMILY MIGGIN) -- v. -- HEALTH SERVICE EXECUTIVE AND MICHAEL GANNON [2010] IEHC 169 -- HIGH COURT OF IRELAND -- 1. This case concerns an appeal... http://regulatorylaw.co.uk/Impartiality.html http://regulatorylaw.co.uk/Impartiality.html#2010-07-06T08:15:33.583Z Tue, 06 Jul 2010 08:15:33 GMT Article 6 requires a tribunal falling within its scope to be impartial. Impartiality normally denotes absence of prejudice or bias and its existence or otherwise can be tested in various ways. The Cou... http://regulatorylaw.co.uk/Interim_proceedings.html http://regulatorylaw.co.uk/Interim_proceedings.html#2010-07-01T11:02:40.879Z Thu, 01 Jul 2010 11:02:40 GMT Article 6 in its civil “limb” applies only to proceedings determining civil rights or obligations. Not all interim measures determine such rights and obligations and the applicability of Article 6... http://regulatorylaw.co.uk/Judicial_review.html http://regulatorylaw.co.uk/Judicial_review.html#2010-06-29T09:12:23.262Z Tue, 29 Jun 2010 09:12:23 GMT As to the sufficiency of judicial review to correct a non-conformable decision at first instance, the case of Bryan v The United Kingdom (1995) 21 EHRR 342 was distinguished in the case of Tsfayo v. t... http://regulatorylaw.co.uk/Trial_within_a_reasonable_time.html http://regulatorylaw.co.uk/Trial_within_a_reasonable_time.html#2010-06-28T13:48:01.191Z Mon, 28 Jun 2010 13:48:01 GMT So far as the Convention right to a fair and public hearing within a reasonable time is concerned, the reasonableness of the length of proceedings is to be assessed in the light of the particular circ... http://regulatorylaw.co.uk/Civil_rights_and_obligations.html http://regulatorylaw.co.uk/Civil_rights_and_obligations.html#2010-06-25T10:00:52.185Z Fri, 25 Jun 2010 10:00:52 GMT The concept of “civil rights and obligations” cannot be interpreted solely by reference to the domestic law of the respondent State: Leela Förderkreis E.V. and Others v. Germany [2009] 49 EHRR5.