Courts and Procedure

Disciplinary and Regulatory Proceedings 8th Edition

Edited by Gregory Treverton-Jones · Alison Foster · Saima Hanif
LexisNexis U.K. April 2015

Specifications

ISBN-13
9781846619397
Publisher
LexisNexis U.K.
Publication
April 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only
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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 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 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 a new chapter on disclosure and confidentiality, and up-to-date chapters on healthcare, financial services and legal services, which have all been substantially rewritten to reflect major legislative changes.

Table of Contents

Part I: Disciplinary and Regulatory Proceedings

The Basis of the Jurisdiction
The Right to a Fair Trial
The Common Framework
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
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