Professional Ethics and Regulation in UK Law

Leading Cases
  • Airedale NHS Trust v Bland
    • House of Lords
    • 04 Feb 1993

    I also feel that those who are concerned that a matter of life and death, such as is involved in a decision to withhold life support in case of this kind, should be left to the doctors, would do well to study this paper. This is a topic to which I will return at the end of this opinion, when I come to consider the extent to which the view of the court should be sought, as a matter of practice, in cases such as the present.

  • Barratt v Ansell (t/a as Woolf Seddon); Arthur JS Hall & Company v Simons
    • House of Lords
    • 20 Jul 2000

    To assess the likelihood, I think that one should start by considering the incentives which advocates presently have to comply with their duty and those which might tempt them to ignore it. The first consideration is that most advocates are honest conscientious people who need no other incentive to comply with the ethics of their profession. Then there is the wish to enjoy a good reputation among one's peers and the judiciary.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 27 Nov 2013

    If the non-compliance cannot be characterised as trivial, then the burden is on the defaulting party to persuade the court to grant relief. If there is a good reason for it, the court will be likely to decide that relief should be granted.

  • Saif Ali v Sydney Mitchell & Company
    • House of Lords
    • 02 Nov 1978

    No matter what profession it may be, the common law does not impose on those who practise it any liability for damage resulting from what in the result turn out to have been errors of judgment, unless the error was such as no reasonably well-informed and competent member of that profession could have made. So too the common law makes allowance for the difficulties in the circumstances in which professional judgments have to be made and acted upon.

  • Bolton v The Law Society
    • Court of Appeal (Civil Division)
    • 06 Dic 1993

    But none of them touches the essential issue, which is the need to maintain among members of the public a well-founded confidence that any solicitor whom they instruct will be a person of unquestionable integrity, probity and trustworthiness. The reputation of the profession is more important than the fortunes of any individual member. Membership of a profession brings many benefits, but that is a part of the price.

  • Whitehouse (A.P.) (Suing by his Mother and Next Friend Eileen Whitehouse) v Jordan and Others
    • House of Lords
    • 19 Feb 1981

    While some degree of consultation between experts and legal advisers is entirely proper, it is necessary that expert evidence presented to the court should be, and should be seen to be, the independent product of the expert, uninfluenced as to form or content by the exigencies of litigation. To the extent that it is not, the evidence is likely to be not only incorrect but self defeating.

  • Lewis v Motorworld Garages Ltd
    • Court of Appeal (Civil Division)
    • 01 Ago 1985

    (c) The breach of this implied obligation of trust and confidence may consist of a series of actions on the part of the employer which cumulatively amount to a breach of the term, though each individual incident may not do so. In particular in such a case the last action of the employer which leads to the employee leaving need not itself be a breach of contract; the question is, does the cumulative series of acts taken together amount to a breach of the implied term?

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Legislation
  • Care Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... . (3) Regulations may-. . . (a) permit a local authority to make ... for, a person with appropriate professional expertise to carry out an independent review of ... . . (b) functions relating to research ethics committees (see sections 112 to 115);. . . (c) ......
  • The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ...... (a) the individual holds a professional qualification which covers all the subjects that are covered by a ...S-74 . In Schedule 1 (requirements for professional ethics,.. . 74. In Schedule 1 (requirements for professional ethics, ......
  • The Statutory Auditors and Third Country Auditors Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... (which must meet the requirements of that Schedule) on professional ethics and internal quality control of statutory auditors and statutory ......
  • Health Professions Order 2001
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... in respect of fitness to practise, ethics and other matters . . . Article 22 . ... for regulating or coordinating the regulation of other health or social care professions, or of ... and(b) may, in particular, establish professional advisory committees whose function is to advise ......
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Books & Journal Articles
  • Professional value and ethical self-regulation in the development of modern librarianship. The documentality of library ethics
    • Núm. 73-6, Octubre 2017
    • Journal of Documentation
    • 1261-1280
    Purpose: The purpose of this paper is twofold: first, to make a contribution to the theoretical understanding of documents and documentary agency in society through examples from a defined institut...
  • Book Reviews
    • Núm. 27-3, Septiembre 2000
    • Journal of Law and Society
    Books reviewed: K. D. Ewing and C. A. Gearty, The Struggle for Civil Liberties: Political Freedom and the Rule of Law in Britain Doreen McBarnet and Christopher Whelan, Creative Accounting and the ...
    ...... and Labour: the Munitions Acts, State regulation and the Unions, 1915–1921 (1987); G.R. Rubin, ... ‘creativity’ to the role of professionals in helping create social institutions. 10 ... aspirations in Suicide and Professional Ethics and Civic Morals for a political order that would ......
  • CIMA disciplinary committee decisions.
    • Núm. 2011, Enero 2011
    • Financial Management (UK)
    • The Institute
    ......, thereby breaching the Code of Ethics (Professional Behaviour) and Members' Regulation ......
  • Regulating Law Firm Ethics Management: An Empirical Assessment of an Innovation in Regulation of the Legal Profession in New South Wales
    • Núm. 37-3, Septiembre 2010
    • Journal of Law and Society
    The Australian state of New South Wales (NSW) was the first jurisdiction to fully deregulate law firm structure and allow alternative business structures in the legal profession. At the same time i...
    ......7 This view would predict that the requirement to implement `appropriate management systems' will replace professional judgement and ethical values with ritualistic and ineffective `box-ticking'. The second part of the paper presents and analyses quantitative data on ......
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Law Firm Commentaries
  • Law Society offers professional helpline
    • LexBlog United Kingdom
    The UK Law Society is now offering solicitors professional help by email and fax. From the Law Society announcement: The Law Society helplines provide advice, support and access to pastoral care fo...
    ...... can also assist with questions about the anti-money laundering regulations. Lines are open from 0900 to 1700, Monday to Friday. Library – 0870 606 ...Other helplines Ethics helpline – 0870 606 2577 The Solicitors Regulation Authority provides ......
  • Non-Disclosure Agreements: Ethics And Enforceability
    • Mondaq UK
    ...... disclosures of certain information, including in relation to professional misconduct - such as sexual harassment towards employees or clients - or ... should be held to account, and asks that the Solicitors Regulation Authority and the Bar Standards Board - the bodies regulating the legal ......
  • Changing Codes of Conduct
    • JD Supra United Kingdom
    In the first few days of October, the Market Research Society (MRS) and the National Association for College Admission Counseling (NACAC) both decided to change their codes of ethics, but for two v...
    ......) both decided to change their codes of ethics, but for two very different reasons. The driver ... European Union General Data Protection Regulation (GDPR), and MRS states on their website[1] ... from their Code of Ethics and Professional Practice,[5] including passages such as:. . ......
  • Insurers Must Navigate The Moral Maze Of AI
    • Mondaq UK
    ...The industry must develop a code of ethics around the insurance of artificial intelligence ... under the EU's General Data Protection Regulation - specifically rights regarding automated ...Lawyers and professional bodies like the General Medical Council also have ......
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