Overview

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 regulatorylaw.co.uk

Full Product Details

Author:   Brian Harris ,  Andrew Carnes
Publisher:   Jordan Publishing Ltd
Imprint:   Jordan Publishing Ltd
Edition:   6th Revised edition
Dimensions:   Width: 15.60cm , Height: 3.10cm , Length: 24.60cm
Weight:   1.162kg
ISBN:  

9781846612701

ISBN 10:   1846612705
Pages:   624
Publication Date:   31 March 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Replaced By:   9781846615795
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Awaiting stock  

Table of Contents

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

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

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