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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

The European Convention and disciplinary proceedings

Article 6 of the European Convention applies to disciplinary proceedings only in exceptional circumstances: Puri, R (on the application of) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin), distinguishing Kulkarni v Milton Keynes Hospital NHS Trust [2009] EWCA Civ 789.
In ordinary disciplinary proceedings, where all that could be at stake is the loss of a specific job, Article 6 is not engaged. An affirmative answer to the question whether the disciplinary proceedings were a determinant of the claimant's right to practise his profession for the purposes of Article 6 would involve a finding by the court that there existed, in some sense at least, a close nexus between the disciplinary process and the barred list procedures. The most obvious distinction lay in the nature of the disciplinary charges. In Kulkarni they would if proved, have constituted a criminal offence. (Charges of such gravity that, if proved, would effectively bar the claimant from employment in the NHS would have the same effect). Another distinction was that that Dr Kulkarni could not complete his training in the private sector and that it was "highly likely" that the system of "alert letters" would be operated if he were found guilty.

 

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