21 results
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...
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...
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...
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 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...
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...
Concurrent civil and criminal proceedings: a new approach?
Professional clients may find themselves facing both civil and criminal proceedings on the same issue and this can create particular difficulties for them. If concurrent civil, criminal and or regulatory proceedings are a possibility, then it is important that the client has a legal team that more...
9 Apr 2018 10:54
David Lidbury appointed to Sport Resolutions’ Panel of Arbitrators and Mediators.David’s appointment will run from 1 April 2018 until 31 March 2021, alongside his usual busy practice. Sport Resolutions is the independent dispute resolution service for sport in the United Kingdom. The Panel of Arbitrators and Mediators includes many of the top legal, financial, medical, 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...
28 Mar 2018 09:59
Riaz v Ashwood: The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file.Note by Stephen Innes of 4 New Square. The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file. Hat-tip to my colleague Paul Parker of 4 New Square, who appeared for the successful solicitor. Master James has noted that courts are receiving a 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...
19 Mar 2018 12:19
What does it mean to be lacking in integrity?The Court of Appeal has now uttered the last word (and in Jackson LJ’s case, literally so, that being his final judgment before retiring) in the dishonesty/integrity debate which has kept regulatory and disciplinary lawyers busy for well over a decade. In the eagerly-awaited decision in the more...
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