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6 August 2012

E-Regulator: R. (on the application of Hill) v Institute of Chartered Accountants in England and Wales [2012] EWHC 1731 (QB)

Absence of panel member during crucial part of hearing was, whilst permissible under the relevant rules, a breach of natural justice and fairness.

The claimant in this matter (H) was a chartered accountant who had applied for judicial review of a decision by the defendant, the Institute of Chartered Accountants in England and Wales (the Institute) that had been made in the course of disciplinary proceedings...

6 August 2012

E-Regulator: Bass and Another v Solicitors Regulation Authority [2012] EWHC 2012 (Admin)

Financial penalty reduced by High Court as Solicitors Disciplinary Tribunal fail to address material question of commencement date of the 2007 Rules. 

The appellants, Partners (B) in a law firm, appealed a finding that they had breached Rule 5 of the Solicitors Code of Conduct 2007 in relation to supervision of a fixed-share partner (P).

An investigation into the firm in October 2007 brought to light that P had breached the Solicitors’ Accounts Rules by billing residual clients’ accounts as profit costs without authority and transferred sums directly into the office account. No allegation of dishonesty was made against any of the parties. On discovering the breach, the Partners immediately dismissed P, repaid the monies and reported the matter to the Solicitors Regulation Authority...

6 August 2012

E-Regulator: Iqbal v Solicitors Regulation Authority (unreported)

Is erasure from the Roll of Solicitors an appropriate sanction where dishonesty has not been found but manifest incompetence has?

The appellant was a solicitor admitted in 1998, and in 2006 he began operating a firm where he was the sole practitioner. The allegations he faced before the Solicitors Regulation Authority (SDT) were twofold; firstly in relation to conduct in holding out two individuals as partners at his firm; the second relating to breaches of the Solicitors Accounts Rules. The first allegation formed the basis of the appeal, specifically the sanction of erasure.

6 August 2012

E-Regulator: Independent Safeguarding Authority v SB [2012] EWCA Civ 977

The Court of Appeal reiterate the need to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation.

In July 2009 SB pleaded guilty to 21 offences relating to possession of indecent images (mostly level 1, although 6 at level 5) and 1 offence of distribution of an indecent photograph of a child (level 1). He was sentenced to suspended sentences of imprisonment, for the duration of which he was ordered to participate in a Sex Offender Treatment Programme (SOTP). He was subjected to a Sexual Offence Prevention Order (SOPO) until further order which prohibited him from seeking or taking paid or voluntary employment with children under 16, and he was included on the Sex Offender Register for 10 years.

6 August 2012

E-Regulator: Sophie Lister interviews Harry Cayton OBE

Sophie Lister speaks to Harry Cayton OBE, Chief Executive of the Council for Healthcare Regulatory Excellence (CHRE), about the advent of the Professional Standards Authority for Health and Social Care, the changes brought about by the Health and Social Care Act 2012 and the Law Commission’s recent consultation on the regulation of healthcare professionals in the UK and social care professionals in England.

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