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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Butterworths Disciplinary and Regulatory Tribunals


ISBN13: 9780406902603
ISBN: 0406902607
Published: October 2000
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Out of print



This title addresses the legal, procedural and practical aspects of representing parties in tribunals which exercise disciplinary or regulatory functions over members of a profession, trade or occupation.;As in all adversarial proceedings, disciplinary cases inevitably throw up issues on which the representative will need to advise. That may happen before the hearing, during it, or (in respect of appeals and reviews) after the hearing. This book provides the answer to the common, and most of the less common, issues of practice, procedure and evidence that can arise. Each tribunal has its own set of rules, each must operate within a framework established by legal principle, case law and statute (particularly the Human Rights Act 1998). This title sets out that framework and gathers together all the law in one place. The tribunal system established under the Financial Services and Markets Act 2000 is covered in detail and specific attention given to other high profile Tribunals (such as the GNC, Solicitors' Disciplinary and Bar Council) and the case law of particular application that arises from these.

Contents:
Introduction; The Human Rights Act 1998; The Regulatory Framework; Access; Disciplinary Process; Evidence; The Standard and Onus of Proof; The Hearing; Penalties and Sanctions; Appeals and Applications for Re-admission; Judicial Review; Civil Actions and Tribunals; The Financial Services and Markets Act 2000; Appendices