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/Delay.html http://regulatorylaw.co.uk/Delay.html#2008-07-22T14:46:13.194Z Tue, 22 Jul 2008 14:46:13 GMT In the case of Spiers v Ruddy (Scotland) [2007] UKPC D2 the House of Lords held that there is nothing in Article 6 of the ECHR to prevent a continuation of delayed proceedings, even if they have not b... http://regulatorylaw.co.uk/GMC_sanctions.html http://regulatorylaw.co.uk/GMC_sanctions.html#2008-07-14T09:44:58.146Z Mon, 14 Jul 2008 09:44:58 GMT The 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... http://regulatorylaw.co.uk/Sanctions_for_solicitors.html http://regulatorylaw.co.uk/Sanctions_for_solicitors.html#2008-07-12T07:24:01.420Z Sat, 12 Jul 2008 07:24:01 GMT Guidance 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 ... http://regulatorylaw.co.uk/Judicial_review.html http://regulatorylaw.co.uk/Judicial_review.html#2008-07-12T07:20:03.921Z Sat, 12 Jul 2008 07:20:03 GMT ‘Once upon a time the question was posed in terms of an asserted dichotomy between provisions compliance with which is mandatory and provisions that are merely directory. That is no longer treated a... http://regulatorylaw.co.uk/Chapter_4%3A_Serious_professional_misconduct.html http://regulatorylaw.co.uk/Chapter_4%3A_Serious_professional_misconduct.html#2008-07-11T16:44:57.434Z Fri, 11 Jul 2008 16:44:57 GMT Important guidance on the standards expected of expert witnesses was given by the Court of Appeal in General Medical Council v Meadow [2006] EWCA Civ 1390. -- Prof. Meadows, who lacked a sufficient st... http://regulatorylaw.co.uk/The_impartiality_of_a_judge.html http://regulatorylaw.co.uk/The_impartiality_of_a_judge.html#2008-07-11T09:17:26.725Z Fri, 11 Jul 2008 09:17:26 GMT The existence of impartiality (of a judge) for the purposes of Article 6 § 1 must be determined according to a subjective test, that is on the basis of the personal conviction of a particular judge i... http://regulatorylaw.co.uk/Freedom_of_Information_and_data_protection.html http://regulatorylaw.co.uk/Freedom_of_Information_and_data_protection.html#2008-07-10T07:37:23.798Z Thu, 10 Jul 2008 07:37:23 GMT Advice on the interaction of the Freedom of Information and the Data Protection laws was given in the House of Lords in a Scottish context. It was said that, -- ‘There is much force in Lord Marnoch'... http://regulatorylaw.co.uk/Costs_on_suspension.html http://regulatorylaw.co.uk/Costs_on_suspension.html#2008-07-09T09:18:19.093Z Wed, 09 Jul 2008 09:18:19 GMT There 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... http://regulatorylaw.co.uk/Chapter_9%3A_The_role_of_the_legal_assessor.html http://regulatorylaw.co.uk/Chapter_9%3A_The_role_of_the_legal_assessor.html#2008-07-09T08:59:55.222Z Wed, 09 Jul 2008 08:59:55 GMT It has been said that ‘it is well-established that the role of a legal assessor assisting a disciplinary panel is not analogous to that of a judge summing up in a criminal trial. In R (Campbell) v. ... http://regulatorylaw.co.uk/Legal_assessors.html http://regulatorylaw.co.uk/Legal_assessors.html#2008-07-09T08:58:02.471Z Wed, 09 Jul 2008 08:58:02 GMT In R (Campbell) v GMC [2005] EWCA Civ. 250 the Court of Appeal affirmed Lord Hailsham's propositions in Libman v GMC [1972] AC 217 as governing the approach that any court should adopt to the role of ... http://regulatorylaw.co.uk/Fresh_evidence.html http://regulatorylaw.co.uk/Fresh_evidence.html#2008-07-07T17:17:30.496Z Mon, 07 Jul 2008 17:17:30 GMT The Privy Council rarely if ever had witnesses give evidence before it in appeals from decisions of the GMC. There is no reason to believe that when Parliament provided that such appeals should come t... http://regulatorylaw.co.uk/Arbitration_and_human_rights.html http://regulatorylaw.co.uk/Arbitration_and_human_rights.html#2008-07-07T17:16:22.770Z Mon, 07 Jul 2008 17:16:22 GMT Where parties have voluntarily or (as some of the cases put it) freely entered into an arbitration agreement they are to be treated as waiving at least some of their rights to a fair trial under artic... http://regulatorylaw.co.uk/Freedom_of_expression.html http://regulatorylaw.co.uk/Freedom_of_expression.html#2008-07-06T09:26:31.461Z Sun, 06 Jul 2008 09:26:31 GMT The scope of the right to freedom of expression under Article 10 of the European Convention were comprehensively reviewed by the European Court of Human Rights in the case of Kulis v Poland - 15601/02... http://regulatorylaw.co.uk/index.html http://regulatorylaw.co.uk/index.html#2008-07-05T14:10:53.950Z Sat, 05 Jul 2008 14:10:53 GMT 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. -- It is based... http://regulatorylaw.co.uk/Standard_of_Proof.html http://regulatorylaw.co.uk/Standard_of_Proof.html#2008-07-05T14:08:05.102Z Sat, 05 Jul 2008 14:08:05 GMT A recent opinion of the Appellate Committee of the House of Lords has gone a long way to clarifying the standard of proof in certain civil proceedings. Lord Hoffmann’s opinion, from which the extrac... http://regulatorylaw.co.uk/Double_jeopardy.html http://regulatorylaw.co.uk/Double_jeopardy.html#2008-07-05T14:06:42.554Z Sat, 05 Jul 2008 14:06:42 GMT The absence of any common law double jeopardy rule in professional misconduct proceedings was specifically noted in the case of R v Statutory Committee of the Pharmaceutical Society of Great Britain [... http://regulatorylaw.co.uk/Bar_Standards_Board.html http://regulatorylaw.co.uk/Bar_Standards_Board.html#2008-06-19T07:56:38.074Z Thu, 19 Jun 2008 07:56:38 GMT Bar Standards Board - the future of the Bar's complaints and disciplinary processes -- The Bar Standards Board was established in January 2006 as a result of the Bar Council separating its regulatory ... http://regulatorylaw.co.uk/AADB.html http://regulatorylaw.co.uk/AADB.html#2008-06-16T16:09:56.308Z Mon, 16 Jun 2008 16:09:56 GMT Accountancy & Actuarial Discipline Board: Efficient and effective changes to Disciplinary arrangements -- The Accountancy & Actuarial Discipline Board ("AADB") is the independent, investigative and di... http://regulatorylaw.co.uk/Costs_in_disciplinary_proceedings.html http://regulatorylaw.co.uk/Costs_in_disciplinary_proceedings.html#2008-06-05T08:06:18.689Z Thu, 05 Jun 2008 08:06:18 GMT The 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... http://regulatorylaw.co.uk/Chapter_4%3A_By_what_professional_standard_is_bad_work_to_be_judged%3F.html http://regulatorylaw.co.uk/Chapter_4%3A_By_what_professional_standard_is_bad_work_to_be_judged%3F.html#2008-06-05T07:49:32.900Z Thu, 05 Jun 2008 07:49:32 GMT It has been held that the standard to be expected of a doctor is ‘that applicable to the post to which he was appointed and the work he was carrying out.’ Holton v General Medical Council [2006] E...