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  • Disciplinary and Regulatory Proceedings

Disciplinary and Regulatory Proceedings

£140.00

Examines the general principles that apply to all regulatory and disciplinary tribunals

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.

This new edition has been written by a team of specialist authors who have extensive experience in this area, thereby ensuring that every area is covered in depth. The book addresses all the major regulatory fields of expertise, and provides expert analysis on the full range of issues that may arise in the course of disciplinary proceedings. The text has been substantially updated and is structured into four major parts: General; The Disciplinary Process; Specific Regulatory Regimes; and Data Protection and Freedom of Information.

The 9th edition incorporates:

  • in the sphere of the regulation of solicitors, recent High Court decisions relating to the distinction between integrity and lack of dishonesty (see Williams v Solicitors Regulation Authority [2017] EWHC 1478 (Admin); Malins v Solicitors Regulation Authority [2017] EWHC 835 (Admin))
  • commentary on the approach adopted by the courts in respect of abuse of process arguments (Mandic-Bozic, R (on the application of) v British Association for Counselling and Psychotherapy & Anor [2016] EWHC 3134 (Admin));
  • a commentary on recent developments in financial services, including a number of notable decisions involving the FRC; and
  • analyses the recent Supreme Court judgment in Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67, namely that the subjective test for dishonesty as set out in R v Ghosh does not correctly represent the law.

As with previous editions it looks in detail at the application of the general principles that govern this area of law, together with greater analysis of case-law, rules and practice directions of the various disciplinary bodies and guidance issued by the various professional bodies. It also provides in depth treatment of the relevant procedures to be followed, including an extended section on the decision to prosecute.

This edition includes up-to-date chapters on healthcare, financial services and legal services, which have all been substantially rewritten to reflect major legislative changes and recent case-law.

Market

Solicitors and barristers specialising in disciplinary and regulatory work or personal injury, medical negligence, construction, financial services, employment, judicial review, tribunal/panel members, in-house lawyers.


Visit the authors' regulatory law webpage

  • Contributors
  • Preface
  • TABLES
    • Table of Cases
    • Table of Statutes
    • Table of Statutory Instruments
    • Table of European Materials
  • PART 1 GENERAL

    • The Jurisdiction of Regulators: Powers, Principles and Approach
    • The Nature of Professional Misconduct
    • Disciplinary Tribunals
    • Civil Liability of Regulatory Bodies
  • PART 2 THE DISCIPLINARY PROCESS

    • The Investigation
    • The Decision to Prosecute
    • Pre-trial Issues
    • Disclosure and Confidentiality
    • The Hearing
    • The Tribunal’s Decision
    • Appeals and Reviews
  • PART 3 SPECIFIC REGULATORY REGIMES

    • General
    • The Regulation of Financial Services
    • The Regulation of Healthcare
    • The Regulation of Legal Services
    • The Regulation of Other Professions
  • PART 4 DATA PROTECTION AND FREEDOM OF INFORMATION

    • Data Protection and Freedom of Information

REVIEWS OF THE PREVIOUS EDITIONS
"a well crafted breath of fresh air on a relatively dynamic subject of growing complexity and interest ... an excellent source textbook ... the only comprehensive legal reference book on regulatory and disciplinary proceedings ... an invaluable aid ... immensely practical focus ... This makes for a text that is highly readable"
Academy of Experts
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"This book provides an accessible and thorough account of the general underlying all disciplinary and regulatory proceedings ... a first port of call."
PI Brief Update
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"The definitive work of reference on regulation ... well-established work ... an essential tool ... an authoritative source of guidance ... All regulatory lawyers should have a copy."

Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers
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"The new edition provides authoritative guidance on all relevant aspects of the law in this field ... re-structured in a helpful and clear way"
Association of Regulatory and Disciplinary Lawyers Bulletin


"hard pressed practitioners will certainly applaud the authors' overall aim of making this complex subject as accessible as possible ... together with its accompanying website, the book is an indispensible resource for practitioners involved in any way with disciplinary and/or regulatory proceedings"
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

"one of the leading textbooks in the field of disciplinary and regulatory proceedings, providing an authoritative examination of the general principles that apply to the majority of regulatory and disciplinary tribunals"
Association of Regulatory and Disciplinary Lawyers Bulletin

"the leading work on this important area of law ... Eminently readable as well as thorough and analytical"
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

"this excellent and authoritive work is an invaluable aid not only to regulatory enforcement lawyers but to anyone working in a regulated industry or dealing with public bodies"
Association of Regulatory and Disciplinary Lawyers Bulletin

"the first source of reference for anyone dealing seriously with this subject"
New Law Journal

"the latest edition of this excellent and authoritive work is an invaluable aid not only to regulatory enforcement lawyers but to anyone working in a regulated industry or dealing with public bodies"
Sidney Myers, Partner, Allen & Overy LLP
Association of Regulatory and Disciplinary Lawyers Bulletin


"truly authoritative and highly relevant. It is an elegant and beautifully crafted tome... It has everything you need and more beside in a highly readable text"
Justice of the Peace

"essential for those dealing in this area of law"
Professional Briefing

"provides an excellent and practical overview of the world of disciplinary proceedings ... a textbook that is not only eminently readable but also enjoyable!"
Michael Williams, Barrister

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