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/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 ... http://regulatorylaw.co.uk/Appeals_from_FTP_panels.html http://regulatorylaw.co.uk/Appeals_from_FTP_panels.html#2012-04-20T08:19:10.222Z Fri, 20 Apr 2012 08:19:10 GMT The introduction of lay members on to GMC Panels did not justify a more interventionist role by Judges, nor did it justify a departure from long established principles on the proper approach to appeal... http://regulatorylaw.co.uk/Apparent_bias.html http://regulatorylaw.co.uk/Apparent_bias.html#2012-04-19T17:53:09.811Z Thu, 19 Apr 2012 17:53:09 GMT Members of regulatory bodies may have different roles, including membership of the council or a committee which draws up a code of conduct and membership of a disciplinary committee. To what extent ar... http://regulatorylaw.co.uk/Sanctions_by_EC_regulators.html http://regulatorylaw.co.uk/Sanctions_by_EC_regulators.html#2012-04-19T10:55:23.516Z Thu, 19 Apr 2012 10:55:23 GMT Her Honour Judge Belcher, sitting as a High Court judge, held that: -- 1. It is not necessary for the Fitness to Practise Panel of the General Medical Council to specify reasons for imposing a decisio... http://regulatorylaw.co.uk/Appeals_following_acquittals.html http://regulatorylaw.co.uk/Appeals_following_acquittals.html#2012-04-17T16:07:54.423Z Tue, 17 Apr 2012 16:07:54 GMT In the case of Bhatt v General Medical Council [2011] EWHC 783 (Admin) Mr Justice Langstaff had to deal with a doctor who had been acquitted by the Crown Court of seven counts of sexual assault agains... http://regulatorylaw.co.uk/Dishonesty.html http://regulatorylaw.co.uk/Dishonesty.html#2012-04-10T14:53:17.834Z Tue, 10 Apr 2012 14:53:17 GMT Although it embodies no important new statement of principle the case of Solicitors Regulation Authority v Lawrence & Anor [2012] EWCA Civ 421 is an illustration of the circumstances in which the Cour... http://regulatorylaw.co.uk/Faced_with_disciplinary_proceedings%3F.html http://regulatorylaw.co.uk/Faced_with_disciplinary_proceedings%3F.html#2012-04-04T13:57:07.537Z Wed, 04 Apr 2012 13:57:07 GMT A guide for non-lawyers -- It can happen to anyone. There are few of us who at some time or another in our career are not the subject of a complaint to our professional body or regulator (both called ... http://regulatorylaw.co.uk/index.html http://regulatorylaw.co.uk/index.html#2012-04-04T08:30:04.158Z Wed, 04 Apr 2012 08:30:04 GMT What's new -- 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. ... http://regulatorylaw.co.uk/Qualified_privilege.html http://regulatorylaw.co.uk/Qualified_privilege.html#2012-03-26T08:45:35.464Z Mon, 26 Mar 2012 08:45:35 GMT Reynolds privilege exists where the public interest justifies publication notwithstanding that this carries the risk of defaming an individual who will have no remedy. This requires a balance to be st... http://regulatorylaw.co.uk/Fitness_to_practise_panel_criticized.html http://regulatorylaw.co.uk/Fitness_to_practise_panel_criticized.html#2012-03-13T18:21:01.469Z Tue, 13 Mar 2012 18:21:01 GMT ‘Inadequate and superficial reasoning’ -- Serious criticism of the GMC Fitness to Practise panel when working under the former rules was made by Mitting J in the Queen’s Bench Division recently ... http://regulatorylaw.co.uk/Independence_and_impartiality.html http://regulatorylaw.co.uk/Independence_and_impartiality.html#2012-02-29T14:46:18.682Z Wed, 29 Feb 2012 14:46:18 GMT The principles of independence and impartiality were restated by the ECtHR as follows: -- The Court recalls that in determining whether a body can be considered as “independent” – notably of the... http://regulatorylaw.co.uk/Contractual_jurisdiction.html http://regulatorylaw.co.uk/Contractual_jurisdiction.html#2012-02-28T14:57:30.025Z Tue, 28 Feb 2012 14:57:30 GMT In the case of Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB Andrew Smith J said, -- i) The importance of the provision to the contractual working relationship between the empl... http://regulatorylaw.co.uk/Newton_hearings.html http://regulatorylaw.co.uk/Newton_hearings.html#2012-02-20T12:45:56.023Z Mon, 20 Feb 2012 12:45:56 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/Deeming_clauses.html http://regulatorylaw.co.uk/Deeming_clauses.html#2012-02-09T18:24:07.284Z Thu, 09 Feb 2012 18:24:07 GMT Short cuts in disciplinary charging and the long road to the Supreme Court -- R (On the application of COKE-WALLIS) -- -v- -- INSTITUTE OF CHARTERED ACCOUNTANTS IN -- ENGLAND AND WALES [2011] UKSC 1 (... 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...