Book Description

Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law in the UK. The book provides an authoritative examination of the general principles that apply to all UK 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 in the UK: 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. Since the previous edition, the regulatory arrangements of most of the important statutory regulators have undergone a massive restructuring by Parliament, which is reflected throughout this seventh edition, notably in the chapters relating to legal, financial, and health services. Many notable recent cases are examined, covering various legal realms: the perils of taking shortcuts in investigations and the charging process * the right to cross examine * the role of privilege in the Solicitors Disciplinary Tribunal * waiver of natural justice * impartial tribunals and the incompatibility of tribunal members' roles * the desirability of indicative sanctions * Convention rights in Interim Orders.