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Professional Conduct Casebook

Professional Conduct Casebook

Author: Kenneth Hamer
Publisher: Oxford University Press
ISBN: 9780199656134
Published In: March 2013
Format: Paperback , 608 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The only book to analyse all key professional conduct and competence cases, in a single, portable volume
Analyses all relevant decisions across an extensive range of professions, as well as offering incisive summaries of the cases, legal framework, and general principles
Unparalleled breadth with over 60 issue-specific chapters covering everything you need to know - from abuse of process to vulnerable witnesses
Easy-to-use A-Z format, ensuring you can find answers the minute you need them
Written by an acknowledged expert in the area, with extensive experience of disciplinary proceedings across numerous professions

The number of regulatory and disciplinary cases coming before the courts is increasing dramatically, reflecting the rise in the number of complaints made against professionals of all kinds. Likewise, an ever-increasing number of disciplinary and fitness-to-practise hearings are reported by the media. Covering a wide range of professions, from doctors and healthcare professionals to lawyers and sports professionals, from financial service providers and accountants to the police and prison service, the law around this developing subject has become increasingly complex.

Kenneth Hamer's Professional Conduct Casebook is the only book to provide comprehensive coverage of the growing body of case law in this developing area. It analyses all the key professional conduct and competence cases in a single volume and distills the general principles from the legislative framework and relevant case decisions, offering lucid guidance to practitioners much in need of clarity. The book contains extensive summaries of the cases and the decisions reached in each case by the court.

Structured alphabetically for logical, quick reference, the book contains over 60 chapters which cover every issue arising in the hearing of conduct and competence cases. The expert author identifies all the source material that practitioners need to consider when confronted by a specific issue, and provides clear, accessible guidance. Each chapter examines the legal framework of all the applicable statutory and non-statutory provisions, details any relevant guideline remarks which set out general principles, and summarizes all relevant caselaw, making the book an indispensable source of reference for every regulatory and disciplinary lawyer.

Readership: Primary: barristers and solicitors specializing in regulation, regulatory law and professional disciplinary law; regulatory bodies; legal assessors; advocates; tribunal members. Secondary: individuals and organisations involved in regulatory proceedings and dealing with disciplinary cases, for example - educational institutions, NHS trusts, police, military, prison authorities

1: Absence of the Practitioner
2: Abuse of Process
3: Adjournment
4: Appeals
5: Bad character
6: Bias
7: Burden of proof
8: Case management
9: Civil restraint orders
10: Competence/Deficient performance
11: Concurrent proceedings
12: Conditions of practice orders
13: Constitution of the panel
14: Conviction cases
15: Costs
16: Delay
17: Disclosure, Confidentiality,Data Protection and Freedom of Information
18: Dishonesty
19: Disposal without an oral hearing
20: Double jeopardy
21: Drafting of charges
22: Erasure /striking off
23: Estoppel
24: Evidence
25: Experts
26: Findings of fact
27: Fine
28: Galbraith submissions
29: Good character
30: Health (adverse physical or mental health)
31: Human rights
32: Impairment of fitness to practise
33: In camera discussions
34: Independence and impartial tribunal
35: Indicative sanctions guidance
36: Insight
37: Interim Orders
38: Investigation of allegations
39: Joinder
40: Judicial conduct
41: Judicial review
42: Jurisdiction
43: Legal assessors
44: Legal representation
45: Medical advisors
46: Misconduct
47: Natural justice
48: Negligence
49: Press publicity
50: Privilege
51: Public or private hearing
52: Reasons
53: Recklessness
54: Registration
55: Reprimand
56: Restoration to the register
57: Review hearings
58: Sanction
59: Service
60: Standard of proof
61: Stay of proceedings
62: Striking off/erasure
63: Suspension
64: Undertakings and Warnings
65: Unrepresented practitioner
66: Voluntary erasure
67: Witnesses
68: Whistleblowing
69: Words and phrases
Appendix: Directory of Regulatory Bodies

Kenneth Hamer, Barrister, Henderson Chambers; Recorder of the Crown Court

Kenneth Hamer is a practising Barrister and Recorder of the Crown Court. He has substantial experience in all areas of professional discipline and regulation. He is a Legal Assessor to the General Medical Council, Nursing and Midwifery Council, and General Dental Council and is the former chairman of the Appeal Committee of the Chartered Institute of Management Accountants. For many years he has been on the prosecuting panel for the Bar Standards Board (previously the Bar Council), and he prosecutes or defends in disciplinary cases involving barristers, solicitors and accountants. In 2008 he spent six months at the Financial Services Authority, and he regularly appears for the General Pharmaceutical Council (formerly the Royal Pharmaceutical Society of Great Britain) and advises on its fitness to practise processes. He is a committee member of the Association of Regulatory and Disciplinary Lawyers (ARDL) and joint editor of its Quarterly Bulletin.