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/Freedom_of_expression.html http://regulatorylaw.co.uk/Freedom_of_expression#2008-07-04T10:55:41.475Z Fri, 04 Jul 2008 10:55:41 GMT The scope of the right to freedom of expression under Article 10 of the European Convention were comprehensively reviewed by the Court in the case of Kulis v Poland - 15601/02 [2008] ECHR 210. -- … ... http://regulatorylaw.co.uk/index.html http://regulatorylaw.co.uk/index#2008-07-04T10:54:15.409Z Fri, 04 Jul 2008 10:54:15 GMT About this site -- This site is a free resource for practitioners representing clients -- before disciplinary tribunals and for lawyers practising or advising -- in any regulatory area. -- It is based... http://regulatorylaw.co.uk/Bar_Standards_Board.html http://regulatorylaw.co.uk/Bar_Standards_Board#2008-06-19T07:56:38.074Z Thu, 19 Jun 2008 07:56:38 GMT Bar Standards Board - the future of the Bar's complaints and disciplinary processes -- The Bar Standards Board was established in January 2006 as a result of the Bar Council separating its regulatory ... http://regulatorylaw.co.uk/AADB.html http://regulatorylaw.co.uk/AADB#2008-06-16T16:09:56.308Z Mon, 16 Jun 2008 16:09:56 GMT Accountancy & Actuarial Discipline Board: Efficient and effective changes to Disciplinary arrangements -- The Accountancy & Actuarial Discipline Board ("AADB") is the independent, investigative and di... http://regulatorylaw.co.uk/Costs_in_disciplinary_proceedings.html http://regulatorylaw.co.uk/Costs_in_disciplinary_proceedings#2008-06-05T08:06:18.689Z Thu, 05 Jun 2008 08:06:18 GMT The proper approach to the award of costs for proceedings before the Disciplinary Committee of the Royal College of Veterinary Surgeons and other professional bodies was summarised by the Judicial Com... http://regulatorylaw.co.uk/Chapter_4%3A_By_what_professional_standard_is_bad_work_to_be_judged%3F.html http://regulatorylaw.co.uk/Chapter_4%3A_By_what_professional_standard_is_bad_work_to_be_judged%3F#2008-06-05T07:49:32.900Z Thu, 05 Jun 2008 07:49:32 GMT It has been held that the standard to be expected of a doctor is ‘that applicable to the post to which he was appointed and the work he was carrying out.’ Holton v General Medical Council [2006] E... http://regulatorylaw.co.uk/Vagueness_in_charge.html http://regulatorylaw.co.uk/Vagueness_in_charge#2008-05-28T09:04:54.984Z Wed, 28 May 2008 09:04:54 GMT ‘In my judgment, duplicity is not a basis for interfering with a disciplinary finding ..., although of course it may be relevant to the fairness of the proceedings and to the ultimate penalty if cha... http://regulatorylaw.co.uk/Office_of_the_Independent_Adjudicator_for_Higher_Education.html http://regulatorylaw.co.uk/Office_of_the_Independent_Adjudicator_for_Higher_Education#2008-05-28T09:01:02.513Z Wed, 28 May 2008 09:01:02 GMT Under the Higher Education Act 2004 the Office of the Independent Adjudicator for Higher Education (OIA) has been designated the body responsible for dealing with student complaints. The purpose of th... http://regulatorylaw.co.uk/Dishonesty_in_Disciplinary_Proceedings.html http://regulatorylaw.co.uk/Dishonesty_in_Disciplinary_Proceedings#2008-05-28T08:58:30.761Z Wed, 28 May 2008 08:58:30 GMT The decision of the Court of Appeal in Bultitude (Bultitude v Law Society [2004] EWCA Civ 1853) stands as binding authority that the test to be applied in the context of solicitors' disciplinary proce... http://regulatorylaw.co.uk/Teaching_Council_Rule.html http://regulatorylaw.co.uk/Teaching_Council_Rule#2008-04-15T15:50:04.365Z Tue, 15 Apr 2008 15:50:04 GMT 'I cannot see any reason why, in these circumstances, a breach of the Rules, a failure by the Council to observe the Rules, which it has publicly proclaimed as the basis upon which it, a public body, ... http://regulatorylaw.co.uk/Hearsay_evidence.html http://regulatorylaw.co.uk/Hearsay_evidence#2008-03-30T10:15:32.541Z Sun, 30 Mar 2008 10:15:32 GMT A power to admit hearsay evidence in disciplinary proceedings is not necessarily incompatible with The European Convention on Human Rights. -- Article 6(3) of the Convention provides that ‘everyone ... http://regulatorylaw.co.uk/The_overriding_objective_of_a_fair_trial.html http://regulatorylaw.co.uk/The_overriding_objective_of_a_fair_trial#2008-03-26T10:46:56.458Z Wed, 26 Mar 2008 10:46:56 GMT It is suggested that the following dictum of Treacy J in Robinson v Abergavenny Magistrates' Court [2007] EWHC 2005 (Admin) should be regarded as of equal application to disciplinary proceedings, exce... http://regulatorylaw.co.uk/Prosecutor%27s_liability_to_costs.html http://regulatorylaw.co.uk/Prosecutor%27s_liability_to_costs#2008-03-10T09:49:21.355Z Mon, 10 Mar 2008 09:49:21 GMT Held: a prosecuting authority’s immunity from a costs award made against it may violate Article 6(1) where it puts a party to civil proceedings at an undue disadvantage vis-à-vis the prosecuting au... http://regulatorylaw.co.uk/Retrospective_legislation.html http://regulatorylaw.co.uk/Retrospective_legislation#2008-03-10T09:34:26.672Z Mon, 10 Mar 2008 09:34:26 GMT Held: a statute of 1994 which laid down a stricter punishment for those convicted of a serious offence that had a previous conviction for a serious offence (even one committed prior to 1994) did not o... http://regulatorylaw.co.uk/The_need_for_evidence_in_adversarial_proceedings.html http://regulatorylaw.co.uk/The_need_for_evidence_in_adversarial_proceedings#2008-03-10T09:32:11.021Z Mon, 10 Mar 2008 09:32:11 GMT Held: one of the elements of a fair hearing in criminal proceedings was the right to adversarial proceedings. Each party had to have the opportunity not only to make known any evidence needed for his ... http://regulatorylaw.co.uk/The_need_for_adversarial_proceedings.html http://regulatorylaw.co.uk/The_need_for_adversarial_proceedings#2008-03-10T09:29:43.828Z Mon, 10 Mar 2008 09:29:43 GMT http://regulatorylaw.co.uk/Public_hearings%3A_the_overarching_principle.html http://regulatorylaw.co.uk/Public_hearings%3A_the_overarching_principle#2008-03-10T09:28:22.378Z Mon, 10 Mar 2008 09:28:22 GMT Held: the principle of an oral and public hearing was particularly important in the criminal context. The obligation to hold a hearing was not, however, absolute. There could be proceedings in which a... http://regulatorylaw.co.uk/Double_jeopardy.html http://regulatorylaw.co.uk/Double_jeopardy#2008-02-28T11:52:26.374Z Thu, 28 Feb 2008 11:52:26 GMT ‘The absence of any common law double jeopardy rule in professional misconduct proceedings was specifically noted in the case of R v Statutory Committee of the Pharmaceutical Society of Great Britai... http://regulatorylaw.co.uk/%27The_Twinsectra_test%27.html http://regulatorylaw.co.uk/%27The_Twinsectra_test%27#2008-02-20T09:40:29.352Z Wed, 20 Feb 2008 09:40:29 GMT In the case of Twinsectra Ltd v Yardley [2002] 2 AC 164 Lord Hutton said that ‘(Their) Lordships should state that dishonesty requires knowledge by the defendant that what he was doing would be rega... http://regulatorylaw.co.uk/Qualified_privilege_in_reports.html http://regulatorylaw.co.uk/Qualified_privilege_in_reports#2008-02-15T12:28:45.414Z Fri, 15 Feb 2008 12:28:45 GMT The defence of qualified privilege … is still in the process of development: Seaga v. Harper (Jamaica) [2008] UKPC 9, in which it was said that the decision in Reynolds v. Times Newspapers Ltd and O...