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/Fitness_to_practise.html http://regulatorylaw.co.uk/Fitness_to_practise.html#2010-03-09T14:19:56.226Z Tue, 09 Mar 2010 14:19:56 GMT It is clear from the authorities that a principal purpose of a professional committee or Panel considering a disciplinary matter is the preservation and maintenance of public confidence in the profess... http://regulatorylaw.co.uk/Notice_of_hearing.html http://regulatorylaw.co.uk/Notice_of_hearing.html#2010-03-05T10:33:01.317Z Fri, 05 Mar 2010 10:33:01 GMT The Court of Appeal upheld the appeal of the Nursing and Midwifery Council where there had been compliance with the rules regarding the service of notice of hearing of a complaint against a nurse, not... http://regulatorylaw.co.uk/Delay.html http://regulatorylaw.co.uk/Delay.html#2010-03-04T08:51:07.942Z Thu, 04 Mar 2010 08:51:07 GMT Article 6 § 1 of the Convention requires that all stages of legal proceedings for the “determination of ... civil rights and obligations”, not excluding stages subsequent to judgment on the merit... http://regulatorylaw.co.uk/Legal_representation%3A_seriousness_of_proceedings.html http://regulatorylaw.co.uk/Legal_representation%3A_seriousness_of_proceedings.html#2010-02-23T14:16:38.145Z Tue, 23 Feb 2010 14:16:38 GMT Where an individual is subject to two or more sets of proceedings, or phases of a proceeding, and a civil right or obligation would be determined in one of them, he could, by force of article 6 of the... http://regulatorylaw.co.uk/About_the_authors.html http://regulatorylaw.co.uk/About_the_authors.html#2010-02-19T12:57:35.752Z Fri, 19 Feb 2010 12:57:35 GMT Brian Harris OBE QC, formerly head of professional conduct at the Institute of Chartered Accountants in England and Wales and chairman of the disciplinary tribunals of two City regulators, is a consul... http://regulatorylaw.co.uk/Legal_representation_and_the_Human_Rights_Act.html http://regulatorylaw.co.uk/Legal_representation_and_the_Human_Rights_Act.html#2010-02-01T10:21:14.156Z Mon, 01 Feb 2010 10:21:14 GMT Where the effect of disciplinary proceedings can deprive an employee of the right to practise his or her profession, article 6 of the Human Rights Convention is engaged. If follows that he is entitled... http://regulatorylaw.co.uk/The_relevance_to_a_tribunal%27s_order_of_the_defendant%27s_means.html http://regulatorylaw.co.uk/The_relevance_to_a_tribunal%27s_order_of_the_defendant%27s_means.html#2010-01-28T17:16:51.146Z Thu, 28 Jan 2010 17:16:51 GMT The means of a defendant to tribunal proceedings may be a relevant consideration in calculating the appropriate sanction as to the level of fines and costs. This would usually arise when a solicitor i... http://regulatorylaw.co.uk/The_role_of_the_legal_assessor.html http://regulatorylaw.co.uk/The_role_of_the_legal_assessor.html#2010-01-27T09:15:58.368Z Wed, 27 Jan 2010 09:15:58 GMT In the case of Roomi, R (on the application of) v General Medical Council [2009] EWHC 2188 (Admin) Collins J observed, -- ‘The legal assessor is an independent person. He is not there to assist the ... http://regulatorylaw.co.uk/Adjournment_and_trial_in_absence_of_accused.html http://regulatorylaw.co.uk/Adjournment_and_trial_in_absence_of_accused.html#2010-01-26T11:42:23.626Z Tue, 26 Jan 2010 11:42:23 GMT Where application for adjournment of disciplinary proceedings was made very late and was not supported by any medical evidence the chairman was right in giving it short shrift. However the disciplinar... http://regulatorylaw.co.uk/Standard_of_Proof.html http://regulatorylaw.co.uk/Standard_of_Proof.html#2009-12-18T10:51:45.978Z Fri, 18 Dec 2009 10:51:45 GMT The law has drawn a clear distinction between probability as it applies to past facts and probability as it applies to future predictions. Past facts must be proved to have happened on the balance of ... http://regulatorylaw.co.uk/The_right_to_free_expression_and_judicial_independence.html http://regulatorylaw.co.uk/The_right_to_free_expression_and_judicial_independence.html#2009-11-18T12:25:47.470Z Wed, 18 Nov 2009 12:25:47 GMT The European Court of Human Rights held that a judge of the Moscow City Court had been wrongly dismissed from office by the High Judiciary Qualification Panel when she publicly criticized the impartia... http://regulatorylaw.co.uk/The_power_of_the_FSA_to_prosecute.html http://regulatorylaw.co.uk/The_power_of_the_FSA_to_prosecute.html#2009-11-11T16:44:28.039Z Wed, 11 Nov 2009 16:44:28 GMT ROLLINS, R. v. [2009] EWCA CRIM. 1941 -- CASE NOTE -- 1. The Court of Appeal has held that the FSA are able to bring private prosecutions under the Proceeds of Crime Act 2002 (POCA). -- 2. Two Defenda... http://regulatorylaw.co.uk/Freedom_of_Information_Act_2000.html http://regulatorylaw.co.uk/Freedom_of_Information_Act_2000.html#2009-11-11T16:23:46.345Z Wed, 11 Nov 2009 16:23:46 GMT Introduction -- The Freedom of Information Act 2000 (the Act) came into force on the 1st January 2005. The Act provides that anyone may request information from a public authority in England, Wales an... http://regulatorylaw.co.uk/An_Overview_of_Enforcement_Processes_of_the_Financial_Services_Authority.html http://regulatorylaw.co.uk/An_Overview_of_Enforcement_Processes_of_the_Financial_Services_Authority.html#2009-11-11T16:20:26.302Z Wed, 11 Nov 2009 16:20:26 GMT Founding principles of the FSA -- Information gathering and investigation powers -- Decision making and the role of the Regulatory Decisions Committee -- Discipline of authorised firms and approved pe... http://regulatorylaw.co.uk/Interruptions_from_the_tribunal.html http://regulatorylaw.co.uk/Interruptions_from_the_tribunal.html#2009-11-09T10:01:03.301Z Mon, 09 Nov 2009 10:01:03 GMT As the case of Michel v. The Queen (The Court of Appeal of Jersey) [2009] UKPC 41 demonstrates, even a legally qualified judge can sometimes be tempted to misuse his position by appearing to act as a ... http://regulatorylaw.co.uk/Fresh_evidence.html http://regulatorylaw.co.uk/Fresh_evidence.html#2009-11-04T13:35:34.693Z Wed, 04 Nov 2009 13:35:34 GMT In this case the Court of Appeal upheld a decision of Silber J. dismissing the appeal on the ground of fresh evidence of a radiographer, against the decision of a panel of the Conduct and Competence C... http://regulatorylaw.co.uk/Regulatory_conditions.html http://regulatorylaw.co.uk/Regulatory_conditions.html#2009-10-20T18:08:59.978Z Tue, 20 Oct 2009 18:08:59 GMT Regulatory conditions are imposed under sections 9 to 18 of the 1974 Act where they are necessary in the interests of the public and the reputation of the profession. They must not only be necessary b... http://regulatorylaw.co.uk/Bias.html http://regulatorylaw.co.uk/Bias.html#2009-10-19T13:34:46.879Z Mon, 19 Oct 2009 13:34:46 GMT The test for apparent bias in a tribunal was laid down in the case of in Porter v. Magill [2002] 2 AC 357. -- In William v. Young [2007] NICA 32, the Court of Appeal commented, ‘The notional observe... http://regulatorylaw.co.uk/Medical_confidentiality_and_the_public_interest.html http://regulatorylaw.co.uk/Medical_confidentiality_and_the_public_interest.html#2009-10-01T08:19:31.711Z Thu, 01 Oct 2009 08:19:31 GMT ‘Medical confidentiality is not an absolute right, but necessarily involves a balancing of competing public interests. The public interest in patient safety and welfare is an extremely important con...