Details
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.
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
REVIEWS OF THE PREVIOUS EDITIONS
"hard pressed practitioners will certainly applaud the authors' overall aim of making this complex subject as accessible as possible ... together with its accompanying website, the book is an indispensible resource for practitioners involved in any way with disciplinary and/or regulatory proceedings"
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"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
"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
"provides an excellent and practical overview of the world of disciplinary proceedings ... a textbook that is not only eminently readable but also enjoyable!"
Michael Williams, Barrister
