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Vol 25 No 2 Feb/March 2020

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Professional Conduct Casebook 3rd ed isbn 9780198817246

Professional Conduct Casebook 2nd ed

ISBN13: 9780198728597
New Edition ISBN: 9780198817246
Previous Edition ISBN: 9780199656134
Published: June 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: Out of print

The number of regulatory and disciplinary cases coming before the courts has increased dramatically in recent years, reflecting the rise in the number of complaints made against professionals of all kinds.

Now in its second 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. 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.

The book contains extensive summaries of the decisions reached in each case by the court. Structured alphabetically for ease of reference, the book contains over 70 chapters which cover every issue arising in the course of professional conduct proceedings, from absence of the practitioner right 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, making the book an indispensable source of reference for every regulatory and disciplinary lawyer and anyone engaged in this work.

Professional Conduct and Ethics, Courts and Procedure
1. Absence of Practitioner
2. Abuse of Process
3. Adjournment
4. Appeals
5. Bad Character
6. Bias
7. Burden of Proof
8. Case Management
9. Civil Restraint Orders
10. Concurrent Proceedings
11. Conditions of Practice Orders
12. Consensual Disposal
13. Constitution of the Panel
14. Conviction and Caution Cases
15. Costs
16. Deficient Professional Performance
17. Delay
18. Disclosure, Confidentiality, Data Protection, and Freedom of Information
19. Dishonesty
20. Disposal without an Oral Hearing
21. Double Jeopardy
22. Drafting of Charges
23. Erasure/Striking Off
24. Estoppel
25. Evidence
26. Experts
27. Findings of Fact
28. Fines
29. Galbraith Submissions
30. Good Character
31. Health (Adverse Physical or Mental Health)
32. Human Rights
33. Impairment of Fitness to Practise
34. In Camera Discussions
35. Independent and Impartial Tribunal
36. Indicative Sanctions Guidance
37. Insight
38. Interim Orders
39. Investigation of Allegations
40. Joinder
41. Judicial Conduct
42. Judicial Review
43. Jurisdiction
44. Legal Assessors
45. Legal Representation
46. Medical Assessors
47. Misconduct
48. Natural Justice
49. Negligence
50. No Case to Answer
51. Press Publicity
52. Privilege
53. Public or Private Hearing
54. Reasons
55. Recklessness
56. Registration
57. Reprimand
58. Restoration to the Register
59. Review Hearings
60. Sanction
61. Service
62. Standard of Proof
63. Stay of Proceedings
64. Striking Off/Erasure
65. Suspension
66. Undertakings and Warnings
67. Unrepresented Practitioner
68. Voluntary Erasure
69. Whistleblowing
70. Witnesses
71. Words and Phrases