28 results
6 Pillars of Development: Clarity, Confidence, Routine, Focus & Discipline, Fulfilment and Success
New Video: 6 Pillars of Development: Clarity, Confidence, Routine, Focus & Discipline, Fulfilment and Success In this video I chat with Dani Grieveson, certified executive performance coach, about her pillars for personal and team development: Clarity, Confidence, Routine, Focus & Discipline, more...
A Guide to Directors Disqualification Proceedings in England and Wales
Company Directors are at risk of being disqualified under the Company Directors Disqualification Act 1986 from holding office following investigations which may take place if their company becomes insolvent or there is other alleged wrongdoing. This short guide is intended to help company directors more...
17 Oct 2019 10:44
Introduction to the SRA’s 2019 Standards and RegulationsOverview On 25 November 2019 the SRA’s new Standards and Regulations will come into force. In many respects the substance of what is expected of the profession will remain much the same, but the new regime will see major changes to the regulations and rules through which those expectations are more...
9 Apr 2019 23:11
Andrew Left v Securities & Futures Commission & Market Misconduct Tribunal (Hong Kong) - A Tale of Expansive Interpretation & Criminal Law in Financial MarketsAndrew Left v Securities & Futures Commission & Market Misconduct Tribunal (Hong Kong) - A Tale of Expansive Interpretation & Criminal Law in Financial Market Misconduct Summary In Andrew Left v Securities & Futures Commission & Market Misconduct Tribunal [2019] HKCA 224[2], the Hong Kong Court of more...
15 Mar 2019 10:22
Changes to Rules for SolicitorsRead our Tutor, Seamus Ryans' thoughts of the changes to the rules for Solicitors. The Solicitors Regulation Authority (SRA) was established in 2007 as an independent body responsible for regulating the 180,000 Solicitors in England and Wales. The SRA’s purpose is to protect the public by ensuring more...
20 Feb 2019 09:02
Perry v. Raleys: a Fork in the Road?The Supreme Court handed down its decision in Perry v. Raleys [2019] UKSC 5 yesterday. My colleagues, Helen Evans and Simon Teasdale, have produced an excellent note of what the case decides and why more...
18 Feb 2019 10:53
SAAMCO revisited: information, advice and assumption of responsibilityIntroduction In Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, the Court of Appeal yet again had to consider the application of the SAAMCO principle. Perhaps most significantly, the decision underlines the need to distinguish between ‘information’ and ‘advice’ cases when more...
12 Feb 2019 16:30
New Law Pod UK listen: Ever wondered about the General Medical Counsel’s right to appeal?Rosalind English presents the first of three highlights from 1COR’s recent seminar on professional discipline; ‘Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings’, with Robert Kellar and Jeremy Hyam QC discussing the General Medical Council‘s right of appeal. Citations for cases more...
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...
21 Jan 2019 09:53
SUCCESSFUL INTERIM RELIEF APPLICATION AT EMPLOYMENT TRIBUNALKevin McNerney successfully represented a dentist at an interim relief application at Bury St Edmunds Employment Tribunal. The dentist was dismissed for Whistleblowing regarding patient care. The application was successful both as to the reason for dismissal and status of the dentist. The Tribunal more...
19 Dec 2018 11:56
Procedural fairness and the crucible of cross examinationSait v GMC [2018] EWHC 3160 (Admin) This case is a salutary reminder to all who conduct litigation about the necessary elements of procedural fairness which continue to underlie our system of civil justice; even in a modern context when a cards on the table approach characterises many disputes from 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...
23 Nov 2018 13:13
Scope of the duty – Avoiding the avalancheWhen is a doctor responsible for losses suffered after they have given bad advice? According to the Court of Appeal, if the loss is “coincidental”, it’s not recoverable. On 23rd November 2018 the Court of Appeal handed down judgment in the case of MNX v Khan [2018] in which it considered the more...
15 Nov 2018 15:35
When can a dishonest professional receive a lesser sanction of suspension?Solicitors Regulation Authority v James, MacGregor and Naylor[2018] EWHC 3058 (Admin) — read judgment here. In three appeals, the Divisional Court considered the circumstances in which a solicitor might avoid being struck off the Roll after findings of dishonesty in disciplinary proceedings. In more...
9 Nov 2018 14:00
21st-Century Lawyers - The Rapidly Changing Face of Legal TrainingRecently we have been considering the changing ways in which it is now possible to qualify as a Lawyer. Many Legal Secretaries aspire to this role, and it is important to to be aware of all the routes that are available to reach this goal. In particular, we will consider the effects of the more...
2 Nov 2018 09:32
No5 Barristers' Chambers earns top rankings in Chambers UK Bar Guide 2019No5 Barristers’ Chambers is delighted that its members and practice areas continue to receive Band 1 ranking in the 2019 edition of the Chambers UK Bar Guide. This year’s guide sees 100 ranked barristers within the set, 12 Band 1 Silks and 23 Band 1 Juniors. Christopher Young QC gains “New Silk”, more...
1 Nov 2018 16:54
Legal 500 and Chambers UK Bar 2019 launched5 Essex Court is delighted to retain its “enviable reputation” as "a leading set” in the major legal directories Legal 500 and Chambers UK Bar. Chambers is ranked as a top-tier set for police law ("without doubt the top police law chambers”) and inquests and inquiries ("arguably the best set for 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...
3 May 2018 08:57
Professionals, their regulators and personal data breaches:
who is in charge of policing the GDPR?The spotlight on the consequences for professionals of data or confidentiality breaches will only intensify once the GDPR comes into force. Paul Mitchell QC, Stephen Innes and Helen Evans of 4 New Square examine what those consequences are likely to be from a professional regulatory perspective. 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...
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