Written by leading practitioners with considerable experience of tribunals both as chairmen and lawyers, this work provides an authoritative examination of the general principles that apply to all 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, 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.
What’s new?
- 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, eg Accountants’ Joint Disciplinary Scheme, Bar Standards Board rules, and
- Solicitors disciplinary proceedings rules
- the Local Government and Involvement in Public Health Act 2007 and its impact on the Data Protection Act
