7 results
28 Jan 2019 14:10
Kingman Review – The Future Regulation of Financial ReportingBen Hubble QC and Miles Harris of 4 New Square look at the potential impact of reforms suggested by the Kingman Review and the Competition & Market Authority’s Update Paper on the audit sector. Introduction The days before Christmas 2018 saw the publication of two very important documents for the more...
19 Dec 2018 09:16
Michael Todd QC of Erskine Chambers considers the interaction between privilege and the exercise of regulatory powersRegulators have their statutory responsibilities to perform and objectives to achieve, and the legislature and the courts will provide those regulators with a degree of freedom and latitude as to the manner in which they are performed and achieved. Generally, the legislature requires those from whom more...
Dishonesty and sanction in professional disciplinary proceedings: time for a nuanced approach
‘For all professional men a finding of dishonesty lies at the top end of the spectrum of gravity of misconduct’. So said Lord Steyn in 2003 in a case involving a vet claiming to have carried out surgery he had not (Tait v RCVS) . In 2017 it is time to reassess the validity of those words, and not more...
Admissibility of findings in professional disciplinary proceedings
INTRODUCTION When a professional client is brought before their regulator, it is not uncommon for it to be the last in a number of hearings considering the same allegations, such as those held by their employer, concurrent criminal proceedings, or a coroner's inquest. This article considers the more...
The meaning of “professional misconduct” in barrister disciplinary proceedings
The meaning of “professional misconduct” in barrister disciplinary proceedings Marc Beaumont, FCIArb, barrister 1. In practice as in life we regularly use language that we do not pause to define. For those who practise in the field of professional discipline, we speak of “professional misconduct”. more...
22 Mar 2018 16:37
R v The FRC [2018] EWHC 446: No Third Party Rights in the FRC?Shail Patel of 4 New Square considers this High Court decision in which the Court found that an individual (C) did not have the right to be heard at an FRC Tribunal hearing, nor a right to redaction of findings against him prior to publication of the Report. The Issue A Tribunal appointed under the more...
20 Mar 2018 14:45
What can the collapse of Carillion teach us about the overlapping web of powers available against companies, their directors and auditors?Jamie Smith QC and Helen Evans, 4 New Square. Carillion PLC collapsed in January 2018. By the end of March 2018, at least three strands of regulatory or disciplinary procedures were being pursued as a consequence of the way the company had allegedly been conducted. The Financial Conduct Authority more...
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