The importance of the law of disciplinary and regulatory proceedings has developed what the editors call deep seismic changes since the 2nd edition. Part of the reason for this rapid expansion has been the enactment of the Human Rights Act 1998, with its impact covering the whole field of professional and regulatory bodies. This edition contains much reordering and indeed, rewriting of material, such as the "common framework" of disciplinary and regulatory proceedings in order to improve the presentation; Chapter 3, Human Rights, has been recast so as to bring the Convention requirements into greater prominence, and the tortious liability of regulators and professional bodies now has a separate chapter.
Long-established as the leading work in this area, this title has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation. Written by a team of specialist authors who have extensive experience in this area, thereby ensuring that every area is covered in depth. The book addresses all the major regulatory fields of expertise, and provides expert analysis on the full range of issues that may arise in the course of disciplinary proceedings.Part 1: GeneralPart 2: The Disciplinary Process Part 3: Specific Regulatory RegimesPart 4: Data Protection and Freedom of Information
Winner of the Irish Law Awards Book of the Year 2023 Various disciplinary and regulatory bodies have different rules, powers and procedures, even while sharing a basic legal framework. This book allows a legal practitioner who is appearing before such a body to prepare their case by setting out what powers the body has, what evidence it can hear, the form the procedure will take, whether they can call witnesses, and what sanctions it can impose. This book is the first title to consider the specific question of the regulation of statutory professions in Ireland including architects, surveyors, teachers, pharmacists, health and social care professionals and accountants. Part I deals with general principles and practice, covering such areas as complaints, fair procedures and sanctions. Part II examines each of the relevant professions in turn. Covers the following developments, legislation and case law: The difference of between professional misconduct conduct and poor professional performance Teaching Council (Amendment) Act 2015 Healthcare (Miscellaneous Provisions) Bill 2017 Regulated Professions (Health and Social Care) (Amendment) Act 2020 Corbally v Medical Council & Others Medical Council v Lohan-Mannion Doocey v Law Society TM v Medical Council This title is included in Bloomsbury Professional's Irish Employment Law online service.
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of UK law. For 20 years, it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation in the UK. This eighth 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 UK case-law, rules, and practice directions of the various disciplinary bodies and guidance issued by the various professional bodies. The book 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, as well as up-to-date chapters on healthcare, financial services, and legal services, which have all been substantially rewritten to reflect major legislative changes.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This sixth edition of Disciplinary and Regulatory Proceedings looks at the UK's new regulatory proposals for financial services, developments in healthcare, and the comprehensive reforms in the regulation of legal services by the UK's Legal Services Act 2007 and their likely impact on recent developments in disciplinary proceedings. Contents include: ** (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.
This is the second edition of the popular 'Beaumont on Barristers - A Guide to Defending Disciplinary Proceedings', which remains the only publication to examine professional disciplinary proceedings against barristers from the perspective of the defence. It is a significant, learned, but also user-friendly addition to the library of those involved in such proceedings, whether as advisers, advocates, BTAS tribunal members, appeal judges or protagonists. This second edition covers significant case-law in the period 2020 to June 2024 and contains a new chapter on investigations within Barristers' Chambers. Since 2006, the investigation and prosecution of barristers, has been undertaken by a body independent of the Bar Council - the Bar Standards Board. By the Legal Services Act 2007, the Bar Council (and so the BSB) gained statutory legitimacy as the regulator of barristers. Since then, there has been an unprecedented growth in litigation involving the BSB. The replacement of the Visitors to the Inns of Court with a right of appeal to the High Court by the Crime and Courts Act 2013, has led to a series of important High Court judgments. The author begins by describing the traumatic and disruptive effect of disciplinary proceedings. He advises on the best approaches to a BSB investigation and examines the concept of 'professional misconduct' and the regulatory scheme. There is a seasoned advocate's deconstruction of disciplinary trial preparation and conduct. The approach to sanctions is given distinct treatment, before a unique chapter on 'Barristers and Human Rights', examining the impact of ECHR Articles, 6, 8 and 10 on barrister discipline, including on social media and private life. Other chapters cover costs, disposal by consent, appeals to the Administrative Court, defending complaints made to the Legal Ombudsman and a new chapter on investigations within Chambers. The final chapter, now a lesson from history, charts the effective collapse of the Bar's system of discipline, leading to the creation of the Bar Tribunals and Adjudication Service from 2014. This highly original book, which draws on unreported case law, takes an area of law that is misunderstood and stigmatised and elevates it to the level of a respectable legal specialism, whilst being both the reader's friend and guide. ABOUT THE AUTHOR Marc Beaumont has practised at the Bar of England and Wales for 39 years. He specialises in professional disciplinary law, defending barristers, solicitors, surveyors and other professionals against investigations and prosecutions brought by their regulators.
Written by leading practitioners with considerable experience in UK tribunals, this work 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, decision to prosecute, hearings, evidence, appeals, and enforcement. Guidance on the practical application of the general principles is provided, looking at such issues as the retrospective effect of rule changes, malicious falsehood, data protection and freedom of information, whistleblowing, 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. This fifth edition includes: a new chapter on Legal Services Regulation . significant new case-law, including the House of Lords' decision in Re B (Children) concerning the standard of proof in civil proceedings . developments in health care regulation as more small regulatory bodies come under the Health Professions Council . developments in financial services "risk based" regulation . new disciplinary schemes, e.g. Accountants' Joint Disciplinary Scheme, Bar Standards Board rules, and Solicitors disciplinary proceedings rules . the UK's Local Government and Involvement in Public Health Act 2007 and its impact on the Data Protection Act.
