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Author : David Swift
Publisher : Unknown
Page : 137 pages
File Size : 48,9 Mb
Release : 1996-01-01
Category : Complaints (Administrative procedure)
ISBN : 1853284963
Author : Nigel West
Publisher : The Law Society
Page : 384 pages
File Size : 54,9 Mb
Release : 2016-02-18
Category : Law
ISBN : 9781784460440
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.
Author : Nigel West (Lawyer),Susanna Heley
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 2022
Category : Electronic
ISBN : 1784462209
Author : Brian Harris
Publisher : Jordan Publishing (GB)
Page : 0 pages
File Size : 51,6 Mb
Release : 2013
Category : Administrative procedure
ISBN : 1846615798
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.
Author : Andrew Hopper QC
Publisher : The Law Society
Page : 758 pages
File Size : 54,5 Mb
Release : 2014-11-14
Category : Law
ISBN : 9781784460198
The Solicitor's Handbook 2015 is a comprehensive yet user-friendly guide to the regulatory maze that governs the conduct of solicitors.This essential handbook covers the Solicitors Regulation Authority's (SRA) Code of Conduct along with the Accounts Rules, financial services regulation, money laundering requirements and alternative business structures (ABS) regulations. It also usefully sets out the extent of the regulator's powers and describes the practical workings of the regulatory and disciplinary processes (including investigations by the SRA and proceedings before the Solicitors Disciplinary Tribunal (SDT)), as well as the relevant rights of appeal and review.The 2015 edition has been thoroughly updated to take account of all significant regulatory changes that have been introduced since January 2013, including: the ban on referral fees in personal injury cases, which came into force on 1 April 2013, and the SRA's warning notice changes to the law relating to conditional fee agreements and extension of the range of cases in which damages-based agreements can be used new requirements for individuals or entities temporarily practising overseas a relaxation of the requirements for referrals to financial advisers changes to the regulation of consumer credit activities, which has passed from the Office of Fair Trading to the Financial Conduct Authority the abolition of the Assigned Risks Pool from 1 October 2013 High Court decisions in Fuglers and Andersons regarding the level of fines that the SDT can impose.
Author : Brian Harris,Andrew Carnes
Publisher : Jordan Publishing (GB)
Page : 584 pages
File Size : 47,6 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134445746
Written by leading practitioners with considerable experience in UK tribunals, this work 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, decision to prosecute, hearings, evidence, appeals, and enforcement. Guidance on the practical application of the general principles is provided, looking at such issues as the retrospective effect of rule changes, malicious falsehood, data protection and freedom of information, whistleblowing, 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. This fifth edition includes: a new chapter on Legal Services Regulation . significant new case-law, including the House of Lords' decision in Re B (Children) concerning the standard of proof in civil proceedings . developments in health care regulation as more small regulatory bodies come under the Health Professions Council . developments in financial services "risk based" regulation . new disciplinary schemes, e.g. Accountants' Joint Disciplinary Scheme, Bar Standards Board rules, and Solicitors disciplinary proceedings rules . the UK's Local Government and Involvement in Public Health Act 2007 and its impact on the Data Protection Act.
Author : Ian S. Smith (BSc, BL.),John M. Barton (MA, LLB, WS.)
Publisher : Butterworths
Page : 192 pages
File Size : 50,6 Mb
Release : 1995
Category : Lawyers
ISBN : 0567292886
The proceedings of the Scottish Solicitors' Discipline Tribunal are invariably in private and therefore knowledge of the work of the Tribunal has largely been confined to those decisions which have been published and the comments in the Annual Reports. However, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 effectively directed that all decisions of the Tribunal should be published, and in the spirit of this change, the Tribunal has consented to a comprehensive study of recent decisions which are of significance to the profession.In preparing this volume, the authors have included an introduction to the practice and procedures of the Tribunal. The book will undoubtedly be of invaluable assistance to those advising in relation to proceedings before the Tribunal, but it is to be hoped that all solicitors will learn from it more about the disciplinary body for the profession and obtain a better understanding of the standards of conduct and business management required of solicitors and what constitutes professional misconduct and inadequate professional services.Previously a T & T Clarke publication.
Author : Andrew Boon
Publisher : Bloomsbury Publishing
Page : 532 pages
File Size : 54,8 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781509971770
The fourth edition of this respected textbook examines the regulation and conduct of lawyers in England and Wales and addresses new developments in the field, including those in international practice, sexual misconduct, and the environment. Focusing on the practice of, and interrelationship between, solicitors and barristers, the book provides background to current arrangements while exploring contemporary rules of conduct, systems of regulation, and controversies. The four main parts cover client duties, wider obligations, key contexts, and regulation. Parts one to three provide an academic introduction to the subject of lawyers' ethics. They are suitable as a core text for a semester course at undergraduate level, providing grounding for vocational training, such as the Solicitors' Qualifying Examination. Comparisons are made with conduct rules applying in other leading common law jurisdictions where relevant. These parts also explore links between the subject of ethics and the development of lawyers' practical skills. Part four applies the general principles to three elements of regulation: practice, admission, and discipline. The approach throughout is socio-legal. While the essential law is described, relevant social science research informs consideration of issues and debates.
Author : William Flenley KC,Tom Leech KC
Publisher : Bloomsbury Publishing
Page : 1123 pages
File Size : 42,8 Mb
Release : 2020-08-13
Category : Law
ISBN : 9781526505309
The Law of Solicitors' Liabilities, previously known as Solicitors' Negligence and Liability, provides a comprehensive guide to all aspects of solicitors' negligence, liability in equity and wasted costs. Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the procedural aspects of bringing and defending a claim for solicitors' negligence. The new fourth edition includes: - A new chapter on insurance law focusing on a number of key topics which arise, particularly in relation to solicitors' insurance: aggregation; condonation; definition of private legal practice; notification; possibly successor practice rules. - Updated case law to cover all recent Supreme Court and Court of Appeal decisions, eg Hughes-Holland v BPE (Supreme Court) scope of duty and extent of damages; Redler v AIB (Supreme Court): breach of trust; Lowick Rose v Swynson (Supreme Court): lifting the corporate veil in claims against professionals; Tiuta International v de Villiers (Court of Appeal): lenders' claims, impact of a remortgage on damages; Wellesley v Withers (Court of Appeal): test for remoteness of damage; and E Surv v Goldsmith Williams (Court of Appeal): implied duty on solicitors in lenders' claims. - Regulatory/disciplinary developments, eg revised SRA Code of Conduct.
Author : Simon Mills,Aideen Ryan,Colm Scott-Byrne
Publisher : Bloomsbury Publishing
Page : 871 pages
File Size : 46,7 Mb
Release : 2023-02-27
Category : Law
ISBN : 9781526508546
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.
Author : Ralph Denny
Publisher : Routledge
Page : 385 pages
File Size : 51,5 Mb
Release : 2013-03-04
Category : Law
ISBN : 9781135335748
First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Kay-Wah Chan,Judith A McMorrow,Avrom Sherr
Publisher : Taylor & Francis
Page : 90 pages
File Size : 55,9 Mb
Release : 2023-12-04
Category : Law
ISBN : 9781003827276
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.
Author : Prof Stuart Sime,Derek French
Publisher : OUP Oxford
Page : 1876 pages
File Size : 52,6 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780191645495
Adopting a distinctive narrative approach based on the chronology of a claim, Blackstone's Civil Practice 2013: The Commentary provides authoritative guidance on the process of civil litigation from commencement of a claim to enforcement of judgments. It addresses civil procedure in the county courts, the High Court, the Court of Appeal, and the Supreme Court as well as more specialist matters such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. The narrative commentary is supported by the comprehensive Blackstone's Civil Practice 2013 Procedural Checklists. 38 Procedural Checklists summarize the steps to be taken, and include invaluable information on documentation, time limits, and required actions, as well as applicable Civil Procedure Rules (CPR) and Practice Directions (PD) in a concise format to provide an additional research tool. Straightforward navigation is ensured by a detailed and user-friendly index as well as a quick-reference guide inside the front cover, providing an alternative point of access for those more familiar with the CPR. Written by a team of expert practitioners and academics, it is an ideal tool for those requiring quality and in-depth analysis. The text is fully referenced to the CPR and PD making the book easy to use alongside other sources at your desk as well as in court. Turn to Blackstone's for reliable commentary from a team of experts on unfamiliar points of procedure and all your research needs. You may be interested to know that The Commentary is directly taken from the established full service volume, Blackstone's Civil Practice 2013 which includes the text of the CPR and PD, Pre-Action Protocols, selected legislation, and court fees orders. Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2013 are available from IRIS Laserform.
Author : James Gordley,Hao Jiang,Arthur Taylor von Mehren
Publisher : Cambridge University Press
Page : 735 pages
File Size : 40,6 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781108835848
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Author : Dale Kay,Janet Baker
Publisher : Oxford University Press, USA
Page : 284 pages
File Size : 42,9 Mb
Release : 2009-08-06
Category : Law
ISBN : 9780199574643
Solicitors' Accounts provides comprehensive coverage of the areas of business and solicitors' accounts required by the Solicitors' Regulation Authority. Using exercises and examples, students are taken through the principles of double-entry book-keeping and the methods involved in creating the accounts of sole owners, partnerships, and companies.