Ethics Violation in UK Law

Leading Cases
  • Dr. John Roylance v The General Medical Council
    • Privy Council
    • 24 Mar 1999

    The expression "serious professional misconduct" is not defined in the legislation and it is inappropriate to attempt any exhaustive definition. It is the successor of the earlier phrase used in the Medical Act 1858 "infamous conduct in a professional respect", but it was not suggested that any real difference of meaning is intended by the change of words. This is not an area in which an absolute precision can be looked for.

    Misconduct is a word of general effect, involving some act or omission which falls short of what would be proper in the circumstances. The standard of propriety may often be found by reference to the rules and standards ordinarily required to be followed by a medical practitioner in the particular circumstances. First, it is qualified by the word "professional" which links the misconduct to the profession of medicine.

    Precisely what that link may be and how it may occur is a matter of circumstances. The closest link is where the practitioner is actually engaged on his practice with a patient. Cases here may occur of a serious failure to meet the necessary standards of practice, such as gross neglect of patients or culpable carelessness in their treatment, or the taking advantage of a professional relationship for personal gratification.

    He was both a registered medical practitioner and chief executive of a hospital. In each capacity he had a duty to care for the safety and well being of the patients. As a registered medical practitioner he had the general obligation to care for the sick. There was a sufficiently close link with the profession of medicine in the case of the appellant as chief executive of a hospital in respect of patients at the hospital.

  • R v D O
    • Court of Appeal (Criminal Division)
    • 07 Oct 2014

    RM described it as a "betrayal". It seems to us that it was a gross betrayal which would in any event be an aggravating feature. In our view the Sentencing Council did not intend that every case of rape within an established relationship should be treated as a breach of trust. Rather, the change was designed so as to include circumstances where the offender may not hold a formal position in relation to the victim, but they have abused the trust engendered by their status and/or standing.

  • R v Hampshire County Council, ex parte Ellerton
    • Court of Appeal (Civil Division)
    • 20 Dic 1984

    This, as I understand it, was essentially the point which their Lordships thought it right to spell out in the Khawaja case in the particular context of an allegation of illegal entry. However, in other cases, of which I think the present was one, the point may be so obvious that it does not need to be put into words.

  • R (Remedy UK Ltd) v General Medicial Council
    • Queen's Bench Division (Administrative Court)
    • 28 May 2010

    The concept of deficient performance was introduced by the Medical (Professional Performance) Act 1995. Until then the power to take action in relation to a person's registration was limited to cases of serious professional misconduct, the commission of criminal offences or serious impairment of fitness to practise by reason of ill health. Whilst some acts of incompetence could be brought within the scope of misconduct, not all could.

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Legislation
  • Geneva Conventions Act 1957
    • UK Non-devolved
    • 1 de Enero de 1957
    ...... shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, ... be decided betwen the interested Parties, concerning any alleged violation of the Convention. . If agreement has not been reached concerning the ......
  • Geneva Conventions (Amendment) Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ...... for carrying out medical activities compatible with medical ethics, regardless of the person benefiting therefrom. SCH-1.2 .   . 2. ... . . (b) is not in violation of the conditions prescribed in Article 28, and. . . (c) has not flown ......
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Books & Journal Articles
  • The normative structure of information and its communication
    • Núm. 8-2, Mayo 2010
    • Journal of Information, Communication and Ethics in Society
    • 150-163
    Purpose: Beginning with the initial premise that the internet has a global character, the purpose of this paper is to argue that the normative evaluation of digital information on the internet nece...
    ...... Howlett SpenceCentre for Applied Philosophy and Public Ethics (CAPPE),Charles Sturt University, Canberra, AustraliaDepartment of ...; and that thenegligent or purposeful abuse of information in violation of those commitments is also a violation ofuniversal rights to freedom and ......
  • Cyberbullying a desecration of information ethics. Perceptions of post-high school youth in a rural community
    • Núm. 14-4, Noviembre 2016
    • Journal of Information, Communication and Ethics in Society
    • 313-322
    Purpose: Cyberbullying occurs when a minor is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child. Given that cyberbullying entails defamation or spreadi...
    ......Given that cyberbullying entails defamation orspreading false information or portfolios about someone, it is regarded as a violation of the ethical codeof information use. The purpose of the study was to explore the perceptions, experiences and challengesof post-high school youth ......
  • Conceptualizing moral literacy
    • Núm. 45-4, Julio 2007
    • Journal of Educational Administration
    • 364-378
    Purpose: The purpose of this research is to provide an overview of the fundamental elements of moral literacy. Moral literacy involves three basic components: ethics sensitivity; ethical reasoning ...
    ......Moral literacy involves three basic components: ethics sensitivity; ethical reasoningskills; and moral imagination. It is the ... learned anything at all from the economic impact ofthe ethics violations of companies like Enron (Brewer and Hansen, 2004) or the socialand civic ......
  • New Development of Public Administration
    • Núm. 65-4, Diciembre 1999
    • International Review of Administrative Sciences
    ......The formal development of codes of ethics and codes of conduct is con- sidered by the South African Government as a ... distinctive feature of this legislation is that complaints of violation of the code of ethics will be investigated by the Public Protector. This ......
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Law Firm Commentaries
  • Bribery in Scotland – Civil Settlement Under Bribery Act and the Scottish Crown Office
    • LexBlog United Kingdom
    On September 25 2015, Brand-Rex Limited, a Scottish network cabling company, entered into a civil settlement with the Scottish Crown Office, admitting that the company had failed to prevent bribery...
    ...... to prevent bribery and had received an improper benefit in violation of Section 7 of the Bribery Act 2010, which applies to the whole of the ......
  • Bonny Island Keeps on Giving (to the US Treasury that is)
    • LexBlog United Kingdom
    On Friday, March 11, Jeffrey Tesler, who had challenged extradition from the UK to the US, relented in his fight and pleaded guilty to one count of conspiracy to violate the FCPA and one substantiv...
    ...... one count of conspiracy to violate the FCPA and one substantive violation of an FCPA antibribery provision.  In 2009, the DOJ initially charged ......
  • New UK Sentencing Guidelines - What Does This Mean For Corporates?
    • JD Supra United Kingdom
    The Sentencing Council’s Definitive Guidance for Fraud, Bribery and Money Laundering Offences (the “UK Guidelines”) came into force on 1 October 2014. The UK Guidelines set out a ten step process f...
    ...... for organisations to institute “effective compliance and ethics programmes,” which can reduce an organisation’s culpability score if ... to respond to and prevent further offences upon detection of a violation. If an organisation has an effective compliance and ethics programme in ......
  • First DPA in the U.K. Signals Britain is Serious About Bribery & Corruption
    • JD Supra United Kingdom
    Late last year, ICBC Standard Bank Plc, a U.K.-based financial institution with operations around the world, agreed to pay a $37 million fine and enter into a deferred prosecution agreement (DPA) w...
    ...... officials, which raised the question: Was this payment a violation of the U.K. Bribery Act? Standard Bank self-reported the incident to the ... aware of potential wrongdoing—which speaks volumes for the strong ethics and compliance culture the bank had fostered throughout its organisation, ......
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