Disciplinary and Regulatory Proceedings

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 defending, prosecuting and advising upon disciplinary and regulatory enforcement proceedings.Part 1 contains authoritative narrative dealing with the general principles that apply to all regulatory and disciplinary tribunals making this work suitable for lawyers and advisers dealing with a whole range of regulatory and disciplinary work. This commentary includes coverage of the basis of the tribunal's authority and extent of its jurisdiction, natural justice, human rights, grounds for disciplinary action, investigations, hearings, evidence, appeals, and enforcement. In addition there is a chapter dedicated to the FSA and, for the first time, there is a new chapter dealing with healthcare regulation.Part 2 concentrates on the practical application of the principles and looks in detail at such issues as malicious falsehood, retrospective effect of rule changes, and also provides guidance on defending a claim and how to avoid or defuse a claim. There are guides to the conduct of disciplinary proceedings both for prosecutors and defence solicitors and it sets out in tabular form the basic procedural requirements of each of the main professional regulatory tribunals.This new edition has been substantially revised and developed and includes:coverage of nearly one hundred new cases, many of which deal with the increasingly important application of the Human Rights Act to this area of lawa new chapter dealing with healthcare regulationguidance on data protection and freedom of informationadvice for the prosecuting lawyerexamples of indicative guidanceCONTENTSPART 1 - DISCIPLINARY AND REGULATORY PROCEEDINGSThe Basis of the JurisdictionThe Right to a Fair TrialThe Common FrameworkThe Grounds for Disciplinary ActionThe Role of Ethical Guides and Codes of PracticeCommencing an InvestigationThe InvestigationThe Decision to ProsecuteThe TribunalPre-Trial IssuesPublic HearingsWitnesses, Evidence and ProofThe HearingPenalties, Powers and CostsAppeal and Judicial reviewRegulatory FunctionsThe Enforcement Powers of the Financial Services AuthorityHealthcare RegulationThe Civil Liability of Disciplinary and Regulatory BodiesPART 2 - DISCIPLINARY AND REGULATORY ARRANGEMENTS IN PRACTICEPractical AdviceAdvice for the Defence Lawyer in Disciplinary ProceedingsAdvice for the Lay TribunalWays to Avoid or Defuse ClaimsExamples of Disciplinary ArrangementsExamples of Ethical CodesExamples of Indicative GuidanceA Model Investigatory ProtocolThe Retrospective Effect of Rule ChangesThe Human Rights Act 1998Data Protection and Freedom of InformationREVIEWS"the latest edition of this excellent and authoritive work is an invaluable aid not only to regulatory enforcement lawyers but to anyone working in a regulated industry or dealing with public bodies"Association of Regulatory & Disciplinary Lawyers"The established work and the first source of reference for anyone dealing seriously with this subject."New Law Journal"the latest edition of this excellent and authoritive work is an invaluable aid not only to regulatory enforcement lawyers but to anyone working in a regulated industry or dealing with public bodies"Sidney Myers, Partner, Allen & Overy LLP"truly authoritative and highly relevant. It is an elegant and beautifully crafted tome... It has everything you need and more beside in a highly readable text."Justice of the PeaceThe authors maintain a companion website dedicated to regulatory law and will post updates to the book, case notes and articles on to the site as developments occur regulatorylaw.co.ukByrnes, Garrett is the author of 'Disciplinary and Regulatory Proceedings ', published 2006 under ISBN 9781846610431 and ISBN 1846610435.