Regulatory
Law

Index for "update"

Data Protection

Exemptions -- In addition to the general data exemption provisions of section 31 of the Data Protection Act the following exemptions relevant to this work have been added by statute: -- (4B) Personal ...

Inter-regulatory consultation

In deciding to cancel a referral to the Fitness to Practise committee of the General Medical Council of charges against a doctor the Council did not act unfairly in failing to notify the Singapore Med...

Prosecutor's liability to costs

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...

Psychiatric hospitals as public authorities

Psychiatric hospitals when exercising their powers of compulsory detention under the Mental Health Act 1983 are public authorities under the Human Rights Act: R (A) v Partnerships in Care Ltd [2002] E...

Public hearings: the overarching principle

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...

Retrospective legislation

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...

The 'complete control' principle

"Where the plaintiff belongs to a class which either is or ought to be within the contemplation of the defendant and the defendant by reason of his involvement in an activity which gives him a measure...

The need for evidence in adversarial proceedings

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 ...

The role of the PPC

The following statement was approved by Burton J in Woods v GMC [2002] EWHC 1484: ‘In conduct cases the PPC's task is to decide whether, in its opinion, there is a real prospect of serious professio...

'The Twinsectra test'

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...