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#2012-01-21T11:27:31.791Z Sat, 21 Jan 2012 11:27:31 GMT Mrs Justice Cox recently drew attention to the ‘helpful and comprehensive approach to determining a doctor’s fitness to practise formulated by Dame Janet Smith in her Fifth Report from Shipman . A... http://regulatorylaw.co.uk/Warning_letters.html http://regulatorylaw.co.uk/Warning_letters.html#2012-01-04T11:28:19.811Z Wed, 04 Jan 2012 11:28:19 GMT A warning letter issued by a regulatory body must convey to its recipient why it was considered necessary and, where that involves resolving factual dispute between the practitioner and the patient wh... http://regulatorylaw.co.uk/Legitimate_expectations.html http://regulatorylaw.co.uk/Legitimate_expectations.html#2011-12-23T11:01:59.886Z Fri, 23 Dec 2011 11:01:59 GMT THE LIMITS OF SUBSTANTIVE LEGITIMATE EXPECTATION IN DISCIPLINARY PROCEEDINGS -- R (ON THE APPLICATION OF PATRICK WOOD) –v- THE SECRETARY OF STATE FOR EDUCATION (SINGH J) -- Introduction -- 1. In thi... http://regulatorylaw.co.uk/Confidentiality_of_data_in_the_hands_of_a_regulator.html http://regulatorylaw.co.uk/Confidentiality_of_data_in_the_hands_of_a_regulator.html#2011-12-15T09:07:58.022Z Thu, 15 Dec 2011 09:07:58 GMT Communication of confidential information between one regulator to another or between different arms of a regulator is commonplace. It is not alway appreciated that such action may raise difficult iss... http://regulatorylaw.co.uk/Environmental_information.html http://regulatorylaw.co.uk/Environmental_information.html#2011-11-14T19:06:33.710Z Mon, 14 Nov 2011 19:06:33 GMT A Mr. Michael Bruton requested environmental information concerning an oyster farm from the Duchy of Cornwall. This request was refused by the Information Commissioner on the basis that the Duchy did ... http://regulatorylaw.co.uk/SRA_Code_of_Conduct.html http://regulatorylaw.co.uk/SRA_Code_of_Conduct.html#2011-11-11T10:52:56.889Z Fri, 11 Nov 2011 10:52:56 GMT Outcomes Focused Regulation (“OFR”) and the SRA Code of Conduct 2011 -- On 6 October 2011 the Solicitors Regulation Authority (“SRA”) launched the new SRA Handbook. The Handbook is now the com... http://regulatorylaw.co.uk/The_composition_of_disciplinary_tribunals.html http://regulatorylaw.co.uk/The_composition_of_disciplinary_tribunals.html#2011-11-05T11:27:58.162Z Sat, 05 Nov 2011 11:27:58 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 ... http://regulatorylaw.co.uk/Equality_Act_2010.html http://regulatorylaw.co.uk/Equality_Act_2010.html#2011-10-18T09:41:43.308Z Tue, 18 Oct 2011 09:41:43 GMT THE EQUALITY ACT 2010 -- A NOTE FOR PROFESSIONAL REGULATION -- 1. Pre-existing legislation governing racial and disability discrimination has now been consolidated in the Equality Act of 2010. Further... http://regulatorylaw.co.uk/Appeals_from_the_SDT.html http://regulatorylaw.co.uk/Appeals_from_the_SDT.html#2011-10-10T08:57:07.362Z Mon, 10 Oct 2011 08:57:07 GMT The legal principles that apply on an appeal under section 49 of the Solicitors Act 1974were summarized by Cranston J in Levy v Solicitors Regulation Authority CO/12515/2010: -- ‘An appeal lies to t... http://regulatorylaw.co.uk/Departure_from_foreign_penalties.html http://regulatorylaw.co.uk/Departure_from_foreign_penalties.html#2011-09-29T17:35:40.532Z Thu, 29 Sep 2011 17:35:40 GMT The appellant claimed that when giving its reasons the Panel failed to explain to the appellant so that he and others interested in the outcome could clearly understand why it had decided to impose a ... http://regulatorylaw.co.uk/Conditions_of_Registration.html http://regulatorylaw.co.uk/Conditions_of_Registration.html#2011-09-28T16:10:03.434Z Wed, 28 Sep 2011 16:10:03 GMT In Udom v GMC [2010] Med LR 37. Hickinbottom J held that it would be an error of law for the Fitness to Practise Panel to impose conditions on registration which are in effect incompatible with regist... http://regulatorylaw.co.uk/The_right_to_cross-examine.html http://regulatorylaw.co.uk/The_right_to_cross-examine.html#2011-09-27T14:44:04.630Z Tue, 27 Sep 2011 14:44:04 GMT An eminent consultant paediatric cardiologist of international repute was charged by the GMC with serious sexual misconduct whilst undertaking work in Kenya. -- The doctor had never been arrested or i... http://regulatorylaw.co.uk/Legal_representation_in_disciplinary_proceedings.html http://regulatorylaw.co.uk/Legal_representation_in_disciplinary_proceedings.html#2011-09-22T15:27:05.635Z Thu, 22 Sep 2011 15:27:05 GMT In the case of R (on the application of G) (Respondent) v The Governors of X School (Appellant) [2011] UKSC 30 a disciplinary hearing at a State school found a musical assistant guilty of gross miscon... http://regulatorylaw.co.uk/Costs_against_a_disciplinary_body.html http://regulatorylaw.co.uk/Costs_against_a_disciplinary_body.html#2011-09-01T11:28:48.852Z Thu, 01 Sep 2011 11:28:48 GMT 'It is clear that the ordinary rule of costs following the event does not apply in disciplinary proceedings. A disciplinary body is not in the same position as a party in ordinary civil litigation. It... http://regulatorylaw.co.uk/Newton_hearings.html http://regulatorylaw.co.uk/Newton_hearings.html#2011-08-30T09:01:44.318Z Tue, 30 Aug 2011 09:01:44 GMT ‘Procedurally, it is imperative that the Tribunal does not proceed to sanctioning before having decided upon and announced the basis of its findings on the substantive allegations. As a general prin... http://regulatorylaw.co.uk/SDT_Appeals.html http://regulatorylaw.co.uk/SDT_Appeals.html#2011-08-26T13:55:29.043Z Fri, 26 Aug 2011 13:55:29 GMT The legal principles that apply on an appeal under section 49 of the Solicitors Act 1974 were most recently summarised by Cranston J in Levy v Solicitors Regulation Authority 2011EWHC740: -- 
"19. A... http://regulatorylaw.co.uk/The_right_to_cross_examine.html http://regulatorylaw.co.uk/The_right_to_cross_examine.html#2011-08-25T09:59:53.794Z Thu, 25 Aug 2011 09:59:53 GMT In the case of Bonhoeffer, R (on the application of) v General Medical Council [2011] EWHC 1585 (Admin) Stadlen J, giving the opinion of the Court said: -- iii) In proceedings other than criminal proc... http://regulatorylaw.co.uk/Insight_and_acceptance_of_culpability.html http://regulatorylaw.co.uk/Insight_and_acceptance_of_culpability.html#2011-07-13T13:09:28.350Z Wed, 13 Jul 2011 13:09:28 GMT Acceptance of culpability is not a condition precedent for insight. Karwal v General Medical Council [2011] EWHC 826 (Admin). -- In that case a doctor had been convicted by the FTTP of knowingly makin... http://regulatorylaw.co.uk/%27Newton%27_hearings.html http://regulatorylaw.co.uk/%27Newton%27_hearings.html#2011-07-11T16:19:00.325Z Mon, 11 Jul 2011 16:19:00 GMT ‘As a general principle fairness demands that disputed issues which can substantially affect sanctions be resolved and be resolved in a procedurally fair manner, and that parties then be able to add... http://regulatorylaw.co.uk/Clarity_of_allegations.html http://regulatorylaw.co.uk/Clarity_of_allegations.html#2011-07-05T07:15:17.639Z Tue, 05 Jul 2011 07:15:17 GMT A properly drafted statement of allegations will set out a summary of the facts relied upon. It would be helpful if those facts are set out concisely and in chronological order. The reader should not ...