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. Covering a wide range of professions including medicine and healthcare, the law, accountancy, financial services, the police, prison service, and sport, the law in this field has become increasingly vital and complex.
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. Containing 71 chapters in an easy-to-use A-Z format, 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.
The book covers 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.
Kenneth Hamer is a practising Barrister and Recorder of the Crown Court. He has substantial experience in all areas of professional discipline and regulation. He is a former Chairman of the Appeal Committee of the Chartered Institute of Management Accountants. He is a Legal Assessor to the General Medical Council, Nursing and Midwifery Council, and General Dental Council. For many years he has been on the prosecuting panel for the Bar Standards Board (previously the Bar Council), and he regularly prosecutes and defends in disciplinary cases involving barristers, solicitors, and accountants as well as appearing on appeals in the High Court. He represents the General Pharmaceutical Council (formerly the Royal Pharmaceutical Society of Great Britain) and other bodies, and lectures and advises on fitness to practise processes. He is a committee member of the Association of Regulatory and Disciplinary Lawyers (ARDL) and joint editor of its Quarterly Bulletin.
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