Professional Ethics and Regulation in UK Law

Leading Cases
  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 Julio 1996

    A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. The distinguishing obligation of a fiduciary is the obligation of loyalty.

  • Airedale NHS Trust v Bland
    • House of Lords
    • 04 Febrero 1993

    It is nevertheless the function of the judges to state the legal principles upon which the lawfulness of the actions of doctors depend; but in the end the decisions to be made in individual cases must rest with the doctors themselves. Mutual understanding between the doctors and the judges is the best way to ensure the evolution of a sensitive and sensible legal framework for the treatment and care of patients, with a sound ethical base, in the interest of the patients themselves.

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

  • Lewis v Motorworld Garages Ltd
    • Court of Appeal (Civil Division)
    • 01 Agosto 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?

  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 Marzo 1988

    Where information is passed by the solicitor or client to the other as part of the continuum aimed at keeping both informed so that advice may be sought and given as required, privilege will attach. Moreover, legal advice is not confined to telling the client the law; it must include advice as to what should prudently and sensibly be done in the relevant legal context.

  • Saif Ali v Sydney Mitchell & Company
    • House of Lords
    • 02 Noviembre 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.

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Legislation
  • The Medicines for Human Use (Clinical Trials) Regulations 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ... ... 3 (authorisation for clinical trials and ethics committee opinion) and shall make the request for ... conduct the trial in accordance with regulation 17 ... (5) The request for authorisation ... (a) an investigator,(b) a health care professional who is a member of an investigator’s team,(c) a ... ...
  • The Pharmacy Order 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ... ... September 2005 on the recognition of professional qualifications 3 to be construed as a reference ... device” has the meaning given in regulation 2(2) of the Medical Devices Regulations 2002 10 ; ... reference to any code of conduct for, and ethics relating to, pharmacy); ... (e) (e) to set ... ...
  • Medical Act 1983
    • UK Non-devolved
    • 1 de Enero de 1983
    ... ... (c) to promote and maintain proper professional standards and conduct for members of that ... day,(a) whose case falls within regulation F7313(8) (a) of the General Systems ... Part V: Fitness to Practise and Medical Ethics ... 35: General Council’s power to advise on ... ...
  • The Statutory Auditors and Third Country Auditors (Amendment) (EU Exit) Regulations 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ... ... into force in accordance with regulation 2 ... The Secretary of State makes these ... are that(a) the individual holds a professional qualification which covers all the subjects that ... may, within the standards on professional ethics that it determines in accordance with Schedule 1, ... ...
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Books & Journal Articles
  • Professional value and ethical self-regulation in the development of modern librarianship. The documentality of library ethics
    • No. 73-6, October 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
    • No. 27-3, September 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, ... of Business Regulation’ in Professional Competition and Professional Power. Lawyers, ... aspirations in Suicide and Professional Ethics and Civic Morals for a political order that would ... ...
  • An inch of progress: new ethics opinion gets real about assistance to fraud and crime
    • No. 29-2, March 2022
    • Journal of Financial Crime
    • 721-728
    Purpose: The purpose of this paper is to analyze the current law on the professional responsibility of American attorneys to combat financial crimes and developments in light of recent scandals and...
    ... ... purpose of this paper is to analyze the current law on the professional responsibility ofAmerican attorneys to combat financialcrimes and ... that acknowledges thedeficiencies that still exist in the regulation of attorney ethics to combat financial crimes by clients ... ...
  • An inch of progress: new ethics opinion gets real about assistance to fraud and crime
    • No. 29-2, March 2022
    • Journal of Financial Crime
    • 721-728
    Purpose: The purpose of this paper is to analyze the current law on the professional responsibility of American attorneys to combat financial crimes and developments in light of recent scandals and...
    ... ... purpose of this paper is to analyze the current law on the professional responsibility ofAmerican attorneys to combat financialcrimes and ... that acknowledges thedeficiencies that still exist in the regulation of attorney ethics to combat financial crimes by clients ... ...
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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...
    ... ... Other helplines Ethics helpline 0870 606 2577 The Solicitors Regulation Authority provides the ... ...
  • 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 ... 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: ... ... ...
  • 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 ... ...
  • 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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