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19 November 2020

Calling all doctors – the General Medical Council (GMC) issues new consent guidance

Consent is an important topic within healthcare. In Montgomery v Lanarkshire Health Board [2015] UKSC 11 the Courts made clear that patient consent must be informed

Shannett Thompson

12 November 2020

FAQs : The SRA's early character and suitability assessment

The route to obtaining a prestigious job in the legal profession is hard enough without the worry of whether past misdemeanours will prevent you from being admitted by the Solicitors Regulation Authority (SRA) as a solicitor. Convictions or cautions in early life (for even relatively minor offences), student disciplinary findings, civil debts and the like, are all capable of preventing prospective solicitors seeking admission to the roll becoming qualified as a solicitor. Since May 2018, prospective solicitors have had the ability to seek an early character and suitability assessment under the Authorisation of Individuals Regulations,[1] enabling them to understand if something they did in the past could be a bar to entry to the profession.  

Julie Norris

12 November 2020

Insolvency Practitioners: the regulator’s reach is wide when it comes to integrity

It goes without saying that Insolvency Practitioners must behave honestly and with integrity in all their professional dealings.  IPs must handle money and assets in a way which justifies the trust placed in them, but some professionals don’t realise that the way they behave on a Saturday night may be just as relevant to their ability to continue in their chosen profession as the way they behave on a Monday morning.   

Julie Matheson

3 November 2020

The ICAEW’s new guidance on reporting misconduct: a wider net

In October the ICAEW updated its Guidance on the Duty to Report Misconduct.  The ICAEW first issued Guidance on this topic way back in 1993.  While amendments have been made since then to update references to legislation, bye-laws and guidance, this is the first wholesale re-issue.  So what’s changed?  The fundamental principle that it’s in the public interest to report matters which, if left unreported, could adversely affect the reputation of the profession, remains the same .  However, there are some quite significant changes to the detail of what should be reported, reflecting a shift in attitudes since 1993 in the requirements and expectations of professionals. The new Guidance adds to this the need to report matters which, if left unreported, could adversely affect the reputation of the ICAEW, as the regulator.

Julie Matheson

30 October 2020

Cannabis and the UK investor – two years on

Headlines such as “Spain becomes cannabis hub as criminals fill tourism void” (The Guardian 9 October 2020) serve to remind us of the endemic demand for marijuana, the resultant profits to be made and enforcement agencies’ inability to control Europe’s illegal trade run by drug mafias. By contrast, Canada, on 17 October 2018 and following the example of Uruguay, elected to legalise adult personal possession, sharing and cultivation of recreational cannabis.

Nicola Finnerty

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