Ethics Violation in UK Law

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

    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 Octubre 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 Diciembre 1984

    My understanding of the concept, which I think was that of the learned judge, is simply that the relative seriousness of the allegation is a relevant factor (on occasions a highly relevant factor) in considering whether or not the civil burden of proof on the balance of probabilities has been discharged in any given case.

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

  • Superintendent of Prisons et Al v Hamilton
    • Privy Council
    • 27 Julio 2016

    Questions of construction begin with the ordinary and grammatical meaning of the words used. As everyone agrees, section 7(2) has two operative parts, providing for different rules for two classes of charge. Essentially the question is whether the closing words of section 7(2)—"other than the following sections [and the numbered list]" govern the whole of section 7(2) or the second part dealing with mandatory referral up.

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  • 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.(2) Persons engaged in ... the meaning of Article 8, sub-paragraph (j) ,(b) is not in violation of the conditions prescribed in Article 28, and(c) has not flown without ... ...
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Books & Journal Articles
  • The normative structure of information and its communication
    • No. 8-2, May 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 ... ...
  • A critical analysis of corruption and anti-corruption policies in Italy
    • No. 28-2, May 2021
    • Journal of Financial Crime
    • 513-530
    Purpose: This study aims to critically analyse the Law 9 January 2019, n. 3, on “Measures to fight crimes against the public administration and on the transparency of political parties and movement...
    ... ... still seems far off.Social implications –In the absence of public ethics, the increase in criminalisation does not seemsufficienton its own to ... sanctioning in relation to the same factposes seriousproblems of violation of the ne bis in idem rule.Keywords Bribery, Confiscation, Interception, ... ...
  • Cyberbullying a desecration of information ethics. Perceptions of post-high school youth in a rural community
    • No. 14-4, November 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
    • No. 45-4, July 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 ... be given acase study that is identified as involving an ethics violation and be asked to sortthrough the process of moral reasoning about the case, ... ...
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Law Firm Commentaries
  • 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, ... ...
  • Deferred Prosecution Agreements Authorised & “Whistleblower” Bounties Rejected: Clues to Future Enforcement of U.K. Financial Crimes
    • JD Supra United Kingdom
    In the second of three posts on the future enforcement of U.K. financial crimes, we explore the implications of enforcement actions related to financial crime in the U.K. To see all four clues and ...
    ... ... and speakers from BAE Systems, IMI plc and Serco will present on “Ethics & Compliance Trends Across the E.U. & Beyond: Advancing the Trust Agenda ... In addition, if an organisation learns of a potential violation when an employee raises a concern internally,it is better positioned to ... ...
  • UK Financial Services Whistleblowing Regulation Survey: Assessing The Impact Of The FCA/PRA Senior Managers Regime Whistleblowing Rules
    • JD Supra United Kingdom
    NAVEX Global partnered with an independent research firm to survey compliance professionals from the UK Financial Services industry about their approach to whistleblowing and incident reporting. Ou...
    ... ... » Eighty-four percent work in ethics & compliance, risk management or internal audit job functions ... » ... whistleblower regimes raise any potential violation ... of policy or the Code of Conduct (not just fraud or ... ...
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