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Disciplinary and Regulatory Proceedings by Gregory Treverton-Jones QC,Alison Foster QC,Saima Hanif Pdf
Long-established as the leading work in this area, this title has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation. 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.Part 1: GeneralPart 2: The Disciplinary Process Part 3: Specific Regulatory RegimesPart 4: Data Protection and Freedom of Information
Disciplinary and Regulatory Proceedings by G. D. Treverton-Jones,Alison Foster,Saima Hanif Pdf
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of UK law. For 20 years, it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation in the UK. This eighth edition has been written by a new team of specialist authors and covers all the major regulatory fields of expertise. The text has been substantially rewritten and restructured into four major parts: General, The Disciplinary Process, Specific Regulatory Regimes, and Data Protection and Freedom of Information. 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 UK case-law, rules, and practice directions of the various disciplinary bodies and guidance issued by the various professional bodies. The book also provides in-depth treatment of the relevant procedures to be followed, including an extended section on the decision to prosecute. This edition includes a new chapter on disclosure and confidentiality, as well as up-to-date chapters on healthcare, financial services, and legal services, which have all been substantially rewritten to reflect major legislative changes.
Disciplinary and Regulatory Proceedings by Brian Harris,Andrew Carnes Pdf
This sixth edition of Disciplinary and Regulatory Proceedings looks at the UK's new regulatory proposals for financial services, developments in healthcare, and the comprehensive reforms in the regulation of legal services by the UK's Legal Services Act 2007 and their likely impact on recent developments in disciplinary proceedings. Contents include: ** (Part I - Disciplinary and Regulatory Proceedings): The Basis of the Jurisdiction * The Right to a Fair Trial * The Common Framework * The Grounds for Disciplinary Action * The Role of Ethical Guides and Codes of Practice * Commencing an Investigation * The Investigation * The Decision to Prosecute * The Tribunal * Pre-trial Issues * Public Hearings * Witnesses, Evidence, and Proof * The Hearing * Penalties, Powers, and Costs * Appeal and Judicial Review * Regulatory Functions * The Enforcement Powers of the Financial Services Authority * Healthcare Regulation * The Regulation of Legal Services * The Civil Liability of Disciplinary and Regulatory Bodies * The Retrospective Effect of Rule Changes * Data Protection and Freedom of Information ** (Part II - Disciplinary and Regulatory Arrangements in Practice): Practical Advice * Exemplars ** (Appendix): The Human Rights Act 1998.
Disciplinary and Regulatory Proceedings by Brian Harris Pdf
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law in the UK. The book provides an authoritative examination of the general principles that apply to all UK 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 in the UK: 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 previous edition, the regulatory arrangements of most of the important statutory regulators have undergone a massive restructuring by Parliament, which is reflected throughout this seventh edition, notably in the chapters relating to legal, financial, and health services. Many notable recent cases are examined, covering various legal realms: the perils of taking shortcuts in investigations and the charging process * the right to cross examine * the role of privilege in the Solicitors Disciplinary Tribunal * waiver of natural justice * impartial tribunals and the incompatibility of tribunal members' roles * the desirability of indicative sanctions * Convention rights in Interim Orders.
Disciplinary Procedures in the Statutory Professions by Simon Mills,Aideen Ryan,Colm Scott-Byrne Pdf
Winner of the Irish Law Awards Book of the Year 2023 Various disciplinary and regulatory bodies have different rules, powers and procedures, even while sharing a basic legal framework. This book allows a legal practitioner who is appearing before such a body to prepare their case by setting out what powers the body has, what evidence it can hear, the form the procedure will take, whether they can call witnesses, and what sanctions it can impose. This book is the first title to consider the specific question of the regulation of statutory professions in Ireland including architects, surveyors, teachers, pharmacists, health and social care professionals and accountants. Part I deals with general principles and practice, covering such areas as complaints, fair procedures and sanctions. Part II examines each of the relevant professions in turn. Covers the following developments, legislation and case law: The difference of between professional misconduct conduct and poor professional performance Teaching Council (Amendment) Act 2015 Healthcare (Miscellaneous Provisions) Bill 2017 Regulated Professions (Health and Social Care) (Amendment) Act 2020 Corbally v Medical Council & Others Medical Council v Lohan-Mannion Doocey v Law Society TM v Medical Council This title is included in Bloomsbury Professional's Irish Employment Law online service.
Disciplinary Procedures in the Statutory Professions by Simon Mills,Aideen Ryan,Colm Scott-Byrne Pdf
Winner of the Irish Law Awards Book of the Year 2023 Various disciplinary and regulatory bodies have different rules, powers and procedures, even while sharing a basic legal framework. This book allows a legal practitioner who is appearing before such a body to prepare their case by setting out what powers the body has, what evidence it can hear, the form the procedure will take, whether they can call witnesses, and what sanctions it can impose. This book is the first title to consider the specific question of the regulation of statutory professions in Ireland including architects, surveyors, teachers, pharmacists, health and social care professionals and accountants. Part I deals with general principles and practice, covering such areas as complaints, fair procedures and sanctions. Part II examines each of the relevant professions in turn. Covers the following developments, legislation and case law: The difference of between professional misconduct conduct and poor professional performance Teaching Council (Amendment) Act 2015 Healthcare (Miscellaneous Provisions) Bill 2017 Regulated Professions (Health and Social Care) (Amendment) Act 2020 Corbally v Medical Council & Others Medical Council v Lohan-Mannion Doocey v Law Society TM v Medical Council This title is included in Bloomsbury Professional's Irish Employment Law online service.
Regulating Lawyers Through Disciplinary Systems by Kay-Wah Chan,Judith A McMorrow,Avrom Sherr Pdf
This book offers comparative analyses on issues in lawyer regulation in England and Wales, Japan, Myanmar, New Zealand and Singapore. It examines the lawyer disciplinary systems in different jurisdictions through diverse and comparative perspectives. In addition to enriching the literature on legal ethics, contributions also highlight areas for future research regarding the legal and other professions in different jurisdictions and the methodologies that may be applied. Chapters examine common issues faced by lawyer disciplinary systems throughout the world, such as: transparency of regulatory outcomes, which varies widely and provides challenges to assessing the effectiveness of lawyer regulatory systems whether systems tilt too much toward protecting lawyers and if a move from self-regulation to independent regulators yields better outcomes changes in demographics of the legal profession and regulatory changes posing challenges in longitudinal studies of regulatory systems disciplining of repeat actors raising questions of the deterrence goals of a regulatory system deviation of systems that maintain tight state control over the legal profession from both United Nations and other international norms for lawyer discipline the role of pro bono obligations and the discourse around legal ethics Regulating Lawyers Through Disciplinary Systems will be an invaluable resource for scholars, practitioners and regulators of the legal profession, while also appealing to those interested in legal and other professional ethics. This book was originally published as a special issue of the International Journal of the Legal Profession.
Beaumont on Barristers - A Guide to Defending Disciplinary Proceedings by Marc Beaumont Pdf
This highly original book, which draws on unreported case law, takes an area of law that is misunderstood and stigmatised and elevates it to the level of a respectable legal specialism, whilst being both the reader's friend and guide.
Solicitors Disciplinary Tribunal by Nigel West Pdf
The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.
American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Publisher : American Bar Association Page : 216 pages File Size : 41,5 Mb Release : 2007 Category : Law ISBN : 1590318730
Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Sport: Law and Practice by Adam Lewis KC,Jonathan Taylor KC Pdf
Sport: Law and Practice, Fourth Edition is the leading legal title covering sports law and practice in the UK, and at the Court of Arbitration for Sport. It serves both as a comprehensive statement of applicable law and precedent, and as a very practical guide to circumnavigating a complex sector. The new edition retains and updates all of the key chapters from previous editions, including the extended sections on challenges to the actions of sports governing bodies, and on anti-doping regulation and enforcement (with an introduction to the new 2021 World Anti-Doping Code). There are important updates to the chapters on Regulating Financial Fair Play, Misconduct, Safeguarding in Sport, the Court of Arbitration for Sport, and Media Rights and Sport. The Fourth Edition also adds brand new chapters dealing with: -Effective sports regulation (including the first ever comprehensive discussions of the 'general principles of law' applied by CAS panels in determining challenges to sports regulations, as well as of the principles of interpretation of sports regulations). -Best practice in sports governance (describing developments such as the strengthening of the competence and independence of boards and the emergence of independent integrity units). -Data protection law and sport (including discussion of the provisions of the Data Protection Act 2018 that facilitate the sharing of personal data by sports bodies for integrity-related purposes). -Exploiting commercially valuable sports data (explaining how sports rights-holders can fashion commercial agreements to meet the demand for sports data from the betting industry and others). -ESports (the first comprehensive treatment of the legal and practical principles underlying the regulation and commercial exploitation of the increasingly important ESports sector). Readers will also benefit from practice tips, precedent clauses, detailed explanations of key practical issues, and step-by-step analysis. This is an essential title for all sports law practitioners (solicitors and barristers, common law and civil lawyers), sports governing bodies, event organisers, clubs, participants, sports agencies and commercial partners, arbitrators, universities, and students.
The fourth edition of Abuse of Process is a practical guide for barristers and solicitors, advising on and litigating abuse of process applications within criminal proceedings. Written by practitioners for practitioners, the judiciary, and students, this book provides the tools for understanding and developing abuse of process arguments. It offers authoritative and comprehensive coverage of abuse of process arguments at all stages of criminal litigation from pre-charge to appellant level, both domestically and internationally including; the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings. The fourth edition covers all recent important caselaw decisions, including updates on these specific topic areas; · Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28) · Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443, · Entrapment (R v TL [2019] 1 Cr.App.R. 1) · Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408) · Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin) · Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894) · Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790) · Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172) · Unfair conduct (R v Soldier A and C (2020) NICC 6)
