This site is based on Disciplinary and Regulatory
Proceedings, 4th Edition.
Index for "Chapter 14"Chapter 14: Costs against a regulatorThe comment of Moses LJ in Baxendale Walker v The Law Society [2006] EWHC 643 that, ‘Absent dishonesty or lack of good faith a costs order should not be made against a regulator unless there is good...Chapter 14: Costs against the prosecutorIn Attorney General of Gibraltar v Shimidzu (Andrew Ivan Berllaque, Intervenor) (2005) 20 BHRC 223 the Privy Council expressed the view that, 'The jurisprudence on the European Convention lends no sup...Chapter 14: Interim ordersIn the case of an interim order against a doctor, Article 6 of the ECHR is not normally engaged. All that is required is that the tribunal acts speedily and on the basis of credible evidence: R (on th...Chapter 14: The proper approach to imposing sanctionsThe courts are increasingly stressing the importance of tribunals considering all sanctions before imposing a greater sanction. For example, a finding of the Disciplinary Committee of the Royal Colleg...Costs against a regulatorUnless (a) complaint is improperly brought, or, for example, proceeds as it did in in Gorlov v the Institute of Chartered Accountants in England and Wales [2001] EWHC Admin 220, as a "shambles from st...Costs in disciplinary proceedingsThe 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...Costs on suspensionThere could be no general rule that the tribunal should not impose an order for costs in addition to an order for the suspension of a solicitor. Whether or not an order for costs, in addition to a sus...GMC sanctionsThe approach of the High Court to reviewing sanctions imposed by the Fitness to Practice Panel of the GMC were summarized by Laws LJ (with whom Chadwick LJ and Sir Peter Gibson agreed), in the case of...Prosecutor's liability to costsHeld: 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...Relevance to order of facts admitted but not chargedAn osteopath found guilty of found guilty of unacceptable professional conduct could not complain when the tribunal in arriving at its order took into account his admission that he had treated the pat...Sanctions for solicitorsGuidance on the imposition of sanctions on solicitors was recently given by the High Court. -- ‘In Nahal v The Law Society [2003] EWHC 2186 Admin, Dyson LJ considered the effect of the Human Rights ...The use of sanctionsSir Thomas Bingham’s approach to the use of sanctions has been applied in relation to other professions (see Tait v. The Royal College of Veterinary Surgeons [2003] UKPC 34; Archbold v. The Royal Co... |
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