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/Self-incrimination.html http://regulatorylaw.co.uk/Self-incrimination.html#2012-11-14T16:21:48.172Z Wed, 14 Nov 2012 16:21:48 GMT ===EX PARTE NAWAZ AND THE PRIVILEGE AGAINST SELF-INCRIMINATION -- IN REGULATORY PROCEEDINGS=== -- The rules of professional bodies/regulators generally impose a duty on their members to provide inform... http://regulatorylaw.co.uk/Publication_of_regulatory_decisions.html http://regulatorylaw.co.uk/Publication_of_regulatory_decisions.html#2012-11-12T12:14:58.388Z Mon, 12 Nov 2012 12:14:58 GMT ===IMMUNITY FROM SUIT FOR DEFAMATION IN -- REGULATORY PROCEEDINGS: PUBLICATION OF DECISIONS=== -- The basic ingredients of a libel are satisfied when (1) A establishes (2) that B has published (3) to ... http://regulatorylaw.co.uk/Defamation.html http://regulatorylaw.co.uk/Defamation.html#2012-11-06T18:35:52.424Z Tue, 06 Nov 2012 18:35:52 GMT IMMUNITY FROM SUIT FOR DEFAMATION IN RELATION TO REGULATORY PROCEEDINGS: INDIVIDUALS -- In the criminal and civil courts, judges, advocates and witnesses enjoy absolute immunity from suit for defamati... http://regulatorylaw.co.uk/The_fault_of_others.html http://regulatorylaw.co.uk/The_fault_of_others.html#2012-10-17T09:21:32.131Z Wed, 17 Oct 2012 09:21:32 GMT The duty of integrity can be breached where someone else initiates wrong-doing and where the person in question is put in a position of choosing whether to go along with it. -- The Upper Tribunal said... http://regulatorylaw.co.uk/Void_or_voidable%3F.html http://regulatorylaw.co.uk/Void_or_voidable%3F.html#2012-09-06T15:09:47.095Z Thu, 06 Sep 2012 15:09:47 GMT Until recently there has been doubt over whether a breach of the rules of natural justice rendered a finding void or voidable. See the cases of Durayappah v Fernando and Others [1967] 2 All ER 152, Du... http://regulatorylaw.co.uk/Particulars_of_misconduct.html http://regulatorylaw.co.uk/Particulars_of_misconduct.html#2012-08-27T08:00:47.080Z Mon, 27 Aug 2012 08:00:47 GMT In order to set out how the conduct alleged against a police officer amounts to misconduct or gross misconduct, it is necessary to set out which Standard or Standards of Professional Behaviour are all... http://regulatorylaw.co.uk/Waiver_of_natural_justice.html http://regulatorylaw.co.uk/Waiver_of_natural_justice.html#2012-08-15T14:28:51.235Z Wed, 15 Aug 2012 14:28:51 GMT The right to an adjudication by all the members comprising a tribunal may be waived. -- In the case of R (on the application of Hill) v Institute of Chartered Accountants [2012] EWHC 1731 (QB) Mrs Jus... http://regulatorylaw.co.uk/The_Convention_and_the_Interim_Order.html http://regulatorylaw.co.uk/The_Convention_and_the_Interim_Order.html#2012-08-04T13:51:00.253Z Sat, 04 Aug 2012 13:51:00 GMT Article 6 of the European Convention of Human Rights does not apply to proceedings relating to interim orders or other provisional measures adopted prior to the proceedings on the merits, as such meas... http://regulatorylaw.co.uk/The_sentencing_of_police_officers.html http://regulatorylaw.co.uk/The_sentencing_of_police_officers.html#2012-08-01T08:10:19.604Z Wed, 01 Aug 2012 08:10:19 GMT A recent decision of the Court of Appeal lays down the proper approach to the sentencing of a police officer. -- A sanction resulting in a police officer having to leave the force will be the usual co... http://regulatorylaw.co.uk/Hearsay_and_the_ECHR.html http://regulatorylaw.co.uk/Hearsay_and_the_ECHR.html#2012-07-25T12:44:30.988Z Wed, 25 Jul 2012 12:44:30 GMT The Al Khawaja saga resumed when the Grand Chamber, after reviewing the Supreme Court’s reasoning in Horncastle retreated partially from their earlier view, concluding that (1) the admissibility of ... http://regulatorylaw.co.uk/Appointment_of_tribunal_members.html http://regulatorylaw.co.uk/Appointment_of_tribunal_members.html#2012-07-21T09:25:01.423Z Sat, 21 Jul 2012 09:25:01 GMT The Visitors to the Inns of Court exercise powers derived initially from the Crown and exercisable by judges to regulate lawyers: see R v General Council of the Bar, ex p. Percival [1991] QB 212, at 2... http://regulatorylaw.co.uk/Tribunal%E2%80%99s_power_to_reopen_proceedings.html http://regulatorylaw.co.uk/Tribunal%E2%80%99s_power_to_reopen_proceedings.html#2012-06-21T15:52:51.345Z Thu, 21 Jun 2012 15:52:51 GMT An investigating committee of the Nursing and Midwifery Council (NMC) concluded that there was no realistic prospect of a finding of impairment of fitness to practise against a nurse. Following furthe... http://regulatorylaw.co.uk/Composition_of_tribunal.html http://regulatorylaw.co.uk/Composition_of_tribunal.html#2012-05-16T13:16:41.184Z Wed, 16 May 2012 13:16:41 GMT The Northern Ireland High Court upheld a finding of a Conduct and Competence Committee of the Nursing and Midwifery Council after the complainant had argued that whilst dismissing two charges based on... http://regulatorylaw.co.uk/%27Contestation%27.html http://regulatorylaw.co.uk/%27Contestation%27.html#2012-05-15T09:21:34.648Z Tue, 15 May 2012 09:21:34 GMT In the case of Boulois v Luxembourg [2012[ application 37575/04, the ECtHR gave the following guidance on the scope of Article 6(i): -- For Article 6 (i) in its “civil” limb to be applicable, ther... http://regulatorylaw.co.uk/Anonymity.html http://regulatorylaw.co.uk/Anonymity.html#2012-05-10T11:25:54.841Z Thu, 10 May 2012 11:25:54 GMT The principles to be applied where anonymity is sought for the name or particulars of someone involved in open justice proceedings were summarised as follows by Lord Neuberger MR as follows: -- (1) Th... http://regulatorylaw.co.uk/Sanctions_of_a_foreign_regulator.html http://regulatorylaw.co.uk/Sanctions_of_a_foreign_regulator.html#2012-05-01T10:23:09.773Z Tue, 01 May 2012 10:23:09 GMT The Administrative Court has held that the General Medical Council's Fitness to Practise Panel did not need to give reasons for imposing a sanction against Dr A which was more onerous than that impose... http://regulatorylaw.co.uk/The_composition_of_disciplinary_tribunals.html http://regulatorylaw.co.uk/The_composition_of_disciplinary_tribunals.html#2012-04-20T08:40:48.456Z Fri, 20 Apr 2012 08:40:48 GMT A recent decision of the Court of Appeal is of considerable significance as to the composition of professional disciplinary tribunals. -- In the case of Kaur, R (on the application of) v Institute of ...