Disciplinary and Regulatory Proceedings
is the leading work on this important and dynamic area of law, written by leading practitioners in the field with considerable experience of tribunals both as chairmen and lawyers. The authors maintain a companion website dedicated to regulatory law and will post updates to the book and articles on to the site as developments occur visit regulatorylaw.co.uk
The book provides an authoritative examination of the general principles that apply to all regulatory and disciplinary tribunals, including coverage of the basis of the tribunal's authority and extent of its jurisdiction, natural justice, human rights, grounds for disciplinary action, investigations, the decision to prosecute, hearings, evidence, appeals, and enforcement. It goes on to examine the specific working of three major professional areas: healthcare, the FSA and legal services.
In addition to this core commentary, guidance on the practical application of the general principles is provided, looking in detail at such issues as the retrospective effect of rule changes, malicious falsehood, data protection and freedom of information, whistle-blowing, and guidance on defending a claim or how to avoid or defuse a claim. The disciplinary arrangements of the most prominent regulators are described in outline in a separate section.
Since the last edition the regulatory arrangements of most of the important statutory regulators have undergone a massive restructuring by Parliament, which is reflected throughout the new edition, notably in the chapters relating to legal, financial and health services.
Among the many notable recent cases examined in this new edition are:
- R v (On the application of Coke-Wallis) v ICAEW - the perils of taking shortcuts in investigations and the charging process
- Bonhoeffer v GMC - the right to cross examine
- Baxendale-Walker v Middleton & Ors - the role of privilege in the Solicitors Disciplinary Tribunal
- R(Hill) v ICAEW - waiver of natural justice
- Holmes v Royal College of Veterinary Surgeons - impartial tribunals and the incompatibility of tribunal members' roles
- Hazelhurst & Oths v SRA - the desirability of indicative sanctions
- Mattu v University Hospital Coventry and Warwickshire - Convention rights in Interim Orders
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