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Disciplinary and Regulatory Proceedings, 7th Edition

Disciplinary and Regulatory Proceedings, 7th Edition

Author: Brian Harris OBE; Andrew Carnes
Publisher: LexisNexis U.K.
ISBN: 9781846615795
Published In: February 2013
Format: Hardback , 672 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Author
Reviews

Details

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.

It 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

WHAT'S NEW?

This edition looks at the new regulatory proposals for financial services, developments in healthcare and the comprehensive reforms in the regulation of legal services by the Legal Services Act 2007 and their likely impact on recent developments in disciplinary proceedings.

Among the more significant decisions noted herein are the following:

Remedy UK Ltd, R (on the application of) v General Medical Council on fitness to practice
Mallon v General Medical Council on the meaning of the terms ‘misconduct' and ‘serious professional misconduct'
Kulkarni v Milton Keynes Hospital NHS Foundation Trust and the right of medical practitioners to be legally represented
Akzo Nobel Chemicals & Akcros Chemicals v Commission & Ors (Competition)concerning the position of employed lawyers generally
R v Rollins in which the court allowed the FSA to prosecute offences beyond that which was allowed by Parliament

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.

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

Disciplinary and Regulatory Arrangements in Practice

Practical Advice
Exemplars

Appendix

The Human Rights Act 1998

Brian Harris OBE QC
Andrew Carnes Barrister, 4-5 Gray's Inn Square

"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

REVIEWS OF THE PREVIOUS EDITIONS

"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

"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