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Professional Conduct Casebook

Third Edition

Kenneth Hamer (Barrister, Barrister, Inner Temple)

$454

Paperback

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English
Oxford University Press
02 May 2019
There are approximately 100 new cases each year coming before the higher courts dealing with regulatory and disciplinary issues. Cases involving health care professionals, the legal and accountancy professions and the police, including the Independent Police Complaints Commission, are heard daily in the Administrative Court in London or in Manchester, and cases concerning financial services are regularly heard in the Upper Tribunal. Frequently cases go on appeal to the Court of Appeal and occasionally to the Supreme Court. Additionally, cases involving issues of professional conduct are heard in the Court of Session in Scotland and the High Court in Northern Ireland.

Now in its third 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 85 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. Key words included in the margin beside each case enables the reader to see at a glance the critical features of the case in question. The book covers every issue arising in the course of professional conduct proceedings, from absence of the practitioner 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. The book is an indispensable source of reference for every regulatory and disciplinary lawyer, and all professionals engaged in this work.

By:  
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Edition:   3rd Revised edition
Dimensions:   Height: 246mm,  Width: 171mm,  Spine: 38mm
Weight:   1.449kg
ISBN:   9780198817246
ISBN 10:   019881724X
Pages:   1308
Publication Date:  
Audience:   College/higher education ,  Professional and scholarly ,  Primary ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active
1: Absence of the Practitioner 2: Abuse of Process 3: Adjournment 4: Amendment 5: Appeals 6: Appeals by the Regulator 7: Bad Character 8: Bias 9: Burdon 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: Conviction and Caution Cases 17: Costs 18: Deficient Professional Performance 19: Delay 20: Disclosure, Confidentiality, Data Protection, and Freedom of Information 21: Dishonesty (General Principles) 22: Dishonesty (Sanction) 23: Disposal without Oral Hearing 24: Double Jeopardy 25: Drafting of Charges 26: Erasure 27: Estoppel 28: Evidence 29: Experts 30: Findings of Fact 31: Fines 32: Galbraith Submissions 33: Good Character 34: Health (Adverse Physical or Mental Health) 35: Human Rights 36: Impairment of Fitness to Practise 37: In Camera Discussions 38: Independent and Impartial Tribunal 39: Indicative Sanctions Guidance 40: Insight 41: Integrity (lack of) 42: Interim Orders (General Principles) 43: Interim Orders (Extension of Interim Orders) 44: Investigation of Allegations 45: Joinder 46: Judicial Conduct 47: Judicial Immunity 48: Judicial Review 49: Jurisdiction 50: Language (Knowledge of English) 51: Legal Assessors 52: Legally Qualified Chair 53: Legal or Other Representation 54: Legitimate Expectation 55: Medical Advisers 56: Misconduct 57: Natural Justice 58: Negligence 59: No Case to Answer 60: Notification Requirements 61: Privilege 62: Proportionality 63: Public or Private Hearing 64: Publication and Anonymity 65: Reasons 66: Recklessness 67: References by the Professional Standards Authority 68: Registration 69: Re-Opening and Review of Decisions 70: Reprimand 71: Restoration to the Register 72: Review Hearings 73: Sanction 74: Service 75: Standard of Proof 76: Stay of Proceedings 77: Striking Off 78: Suspension 79: Undertakings and Warnings 80: Unrepresented Practitioner 81: Voluntary Erasure 82: Waiver 83: Whistleblowing 84: Witnesses 85: Words and Phrases

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 range of professional conduct cases, as well as advising and lecturing on fitness to practise processes. He is the joint editor of the Association of Regulatory and Disciplinary Lawyers' Quarterly Bulletin and a council member of the Incorporated Council of Law Reporting in England and Wales.

Reviews for Professional Conduct Casebook: Third Edition

I have no doubt that this new edition will be welcomed without reservation by those who practise regulatory and disciplinary law, and will both consolidate and enhance the book's reuptation. In what must be and extraordinarily time-consuming exercise of reading and distilling hundreds of new cases, Hamer has saved enormous amounts of research time for those of us who toil in the regulatory vineyard. In every respect, this is a worthy successor to the first edition. [Review from previous edition] * Greg Treverton-Jones QC, Law Society Gazette * Kenneth's book remains an invaluable aid to practitioners in the field of regulatory and disciplinary work and, as noted in the forward to the new edition by the Rt Hon. Lord Justice Lloyd Jones, Chairman of the Law Commission, 'Kenneth deserves the warm thanks and congratulations of a grateful profession. [Review from previous edition] * Nicole Curtis, Partner, Pennigtons, ARDL Quarterly Bulletin * 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.Case studies remain at the heart of this casebook which is the only book to analyse all key professional conduct and competence cases in one single, portable volume. There are over 1,000 reported cases, 250 being new to this edition. It is an indispensable source of reference for every regulatory and disciplinary lawyer and anyone engaged in this work. [Review from previous edition] * Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers * Sometimes, these days, books do not necessarily do what they say on the cover. This book most certainly does and I would say it is an essential for those working in the sphere of regulation and discipline. [Review from previous edition] * David Wilton, TEDR, The Academy of Experts * I have always found the Casebook extremely useful when researching the law on a particular point. One knows that if there is a useful case on the point in question, Hamer will have noticed it and noted it. The book is of great value to practitioners, and I am sure that this edition will be as well received as the others. * Greg Treverton-Jones QC, The Law Society Gazette * The third edition builds on the success of the previous editions. ... It is difficult to comprehend the scale of the task that Kenneth has successfully undertaken and the level of enthusiasm he has for the subject. All of us who work in this area are hugely indebted to him. I work in a busy regulatory team where we have a number of hearings each day. Whilst we have multiple copies of the book it is always in high demand which reflects its practical benefit in dealing with cases. Indeed it would be difficult to run any type of professional regulatory practice without at least one copy of the book. * Iain Miller, ARDL Bulletin * Everyone involved in the field of regulation of professional conduct has reason to be grateful to Mr Kenneth Hamer for producing this valuable casebook. Now in its third edition, the book is helpfully divided into topics arranged alphabetically. Within each chapter there are helpful references to the main cases, with annotations and commentary which will assist the busy practitioner in identifying quickly what the salient points are. I have no doubt that the reader will find that the detail they require is to be found in this casebook but also that it is 'user friendly'. * The Rt. Hon. Lord Justice Singh, Foreword, Professional Conduct Casebook *


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