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Professional Conduct Casebook 3rd ed: Digital Pack


ISBN13: 9780198844174
Published: April 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback & eBook
Price: Out of print



Wildy's Book of the Month: May 2019

The Digital Pack includes a version available on PC, Mac, Android devices, iPad or iPhone. The book only can be ordered seperately - isbn 9780198817246

There are approximately 100 new cases each year coming before the higher courts dealing with regulatory and disciplinary issues.

Cases involving health care professionals, the legal and accountancy professions and the police, including the Independent Police Complaints Commission, are heard daily in the Administrative Court in London or in Manchester, and cases concerning financial services are regularly heard in the Upper Tribunal.

Frequently cases go on appeal to the Court of Appeal and occasionally to the Supreme Court. Additionally, cases involving issues of professional conduct are heard in the Court of Session in Scotland and the High Court in Northern Ireland.

Now in its third edition, Kenneth Hamer's Professional Conduct Casebook is a leading authority and continues to be the only book to provide comprehensive coverage of the growing body of case law in this developing area.

Containing 85 chapters in an easy-to-use A-Z format, it analyses all key professional conduct and competence cases in one single volume, distilling the general principles from the legislative framework and offering lucid and informed summaries for today's busy practitioner. Key words included in the margin beside each case enables the reader to see at a glance the critical features of the case in question.

The book covers every issue arising in the course of professional conduct proceedings, from absence of the practitioner through to the unrepresented practitioner and witnesses. The author expertly identifies all of the relevant source material that needs to be considered when confronted by a specific issue, and provides clear, practical guidance.

Each chapter examines the legal framework of all the applicable statutory and non-statutory provisions, details any relevant guideline remarks which set out general principles, and summarizes all relevant case law. The book is an indispensable source of reference for every regulatory and disciplinary lawyer, and all professionals engaged in this work.

Subjects:
Professional Conduct and Ethics, Courts and Procedure
Contents:
1: Absence of the Practitioner
2: Abuse of Process
3: Adjournment
4: Amendment
5: Appeals
6: Appeals by the Regulator
7: Bad Character
8: Bias
9: Burdon of Proof
10: Case Management
11: Civil Restraint Orders
12: Concurrent Proceedings
13: Conditions of Practice Orders
14: Consensual Disposal
15: Constitution of Panel
16: Conviction and Caution Cases
17: Costs
18: Deficient Professional Performance
19: Delay
20: Disclosure, Confidentiality, Data Protection, and Freedom of Information
21: Dishonesty (General Principles)
22: Dishonesty (Sanction)
23: Disposal without Oral Hearing
24: Double Jeopardy
25: Drafting of Charges
26: Erasure
27: Estoppel
28: Evidence
29: Experts
30: Findings of Fact
31: Fines
32: Galbraith Submissions
33: Good Character
34: Health (Adverse Physical or Mental Health)
35: Human Rights
36: Impairment of Fitness to Practise
37: In Camera Discussions
38: Independent and Impartial Tribunal
39: Indicative Sanctions Guidance
40: Insight
41: Integrity (lack of)
42: Interim Orders (General Principles)
43: Interim Orders (Extension of Interim Orders)
44: Investigation of Allegations
45: Joinder
46: Judicial Conduct
47: Judicial Immunity
48: Judicial Review
49: Jurisdiction
50: Language (Knowledge of English)
51: Legal Assessors
52: Legally Qualified Chair
53: Legal or Other Representation
54: Legitimate Expectation
55: Medical Advisers
56: Misconduct
57: Natural Justice
58: Negligence
59: No Case to Answer
60: Notification Requirements
61: Privilege
62: Proportionality
63: Public or Private Hearing
64: Publication and Anonymity
65: Reasons
66: Recklessness
67: References by the Professional Standards Authority
68: Registration
69: Re-Opening and Review of Decisions
70: Reprimand
71: Restoration to the Register
72: Review Hearings
73: Sanction
74: Service
75: Standard of Proof
76: Stay of Proceedings
77: Striking Off
78: Suspension
79: Undertakings and Warnings
80: Unrepresented Practitioner
81: Voluntary Erasure
82: Waiver
83: Whistleblowing
84: Witnesses
85: Words and Phrases