Hamer's Professional Conduct Casebook

by Hamer, Kenneth

• ISBN13: 9780192883384
• ISBN10: 0192883380
• Edition: 4th
• Format: Hardcover
• Copyright: 2023-09-01
• Publisher: Oxford University Press

Summary

An indispensable source of reference for practitioners and tribunal members, Hamer's Professional Conduct Casebook is the only book to provide comprehensive coverage of case law in the field of professional regulation and discipline. The fourth edition of this long—standing casebook contains ninety chapters in an easy to follow A—Z format, as well as a supplement chapter covering additional cases right up until a month before publication.

The book analyses the key cases in a single portable volume, distilling the general principles from the legislative framework and offering lucid, informed summaries that are of great support for practitioners. Key words are included in the margin beside cases to enable the reader to see at a glance the critical features of the case in question. The book covers issues arising during the course of professional conduct proceedings, from absence of the practitioner to evidence, findings of fact, misconduct, impairment and sanction. The book identifies the applicable statutory and non-statutory provisions and guidance on each topic and summarises the leading cases and relevant case law.

Author Biography

Kenneth Hamer

Kenneth Hamer is an experienced barrister and former Recorder of the Crown Court. He sits as a legally qualified chair at the General Medical Council (Medical Practitioners Tribunal Service) and is a legal adviser/legal assessor to the General Dental Council and the Nursing and Midwifery Council. He regularly represents regulators and practitioners in a wide range of professional conduct cases, as well as advising and lecturing on fitness to practise processes. He is a council member of the Incorporated Council of Law Reporting and the joint editor of the Association of Regulatory and Disciplinary Lawyers' Quarterly Bulletin.

Table of Contents

1. Absence of Practitioner
2. Abuse of Process
3. Adjournment
4. Amendment
5. Appeals
6. Appeals by the Regulator
7. Bad Character
8. Bias
9. Burden of Proof
10. Case Management
11. Civil Restraint Orders
12. Concurrent Proceedings
13. Conditions of Practice Orders
14. Consensual Disposal
15. Constitution of Panel
16. Contractual and Statutory Regulation
17. Conviction and Caution Cases (General Principles)
18. Conviction and Caution Cases (Sanction)
19. Costs
20. Deficient Professional Performance
21. Delay
22. Disclosure, Confidentiality, Data Protection, and Freedom of Information
23. Dishonesty (General Principles)
24. Dishonesty (Sanction)
25. Double Jeopardy
26. Drafting of Charges
27. Erasure
28. Estoppel
29. Evidence
30. Experts
31. Findings of Fact
32. Fines
33. Galbraith Summons
34. Good Character
35. Health (Adverse Physical or Mental Health)
36. Human Rights
37. Impairment of Fitness to Practise
38. In Camera Discussions
39. Independent and Impartial Tribunal
40. Indicative Sanctions Guidance
41. Insight and Remediation
42. Integrity (Lack of)
43. Interim Orders (General Principles)
44. Interim Orders (Extension of)
45. Investigation of Allegations
46. Joinder
47. Judicial Conduct
48. Judicial Immunity
49. Judicial Review
50. Jurisdiction
51. Language (Knowledge of English)
52. Legal Advice
53. Legal or Other Representation
54. Legitimate Expectation
55. Lies
56. Medical Advisers
57. Misconduct (General Principles)
58. Misconduct (Specific Misconduct)
59. Natural Justice
60. Negligence
61. No Case to Answer
62. Non-Compliance
63. Notification Requirements
64. Oral Hearing
65. Privilege
66. Proportionality
67. Public or Private Hearing
68. Publication and Anonymity
69. Reasons
70. Recklessness
71. Registration
72. Re-opening and Review of Decisions
73. Reprimand
74. Restoration to the Register
75. Review Hearings
76. Sanction (General Principles)
77. Sanction (Specific Cases)
78. Service
79. Standard of Proof
80. Stay Proceedings
81. Striking Off
82. Suspension
83. Undertakings
84. Unrepresented Practitioner
85. Voluntary Erasure
86. Waiver
87. Warnings
88. Whistleblowing
89. Witnesses
90. Words and Phrases
91. Supplementary Cases (2023)
Index