Professional Malpractice in UK Law
-
Trendtex Trading Corporation v Credit Suisse
“
I venture to think that still remains a fundamental principle of our law. But it is today true to say that in English law an assignee who can show that he has a genuine commercial interest in the enforcement of the claim of another and to that extent takes an assignment of that claim to himself, is entitled to enforce that assignment unless by the terms of that assignment he falls foul of our law of champerty, which as has often been said, is a branch of our law of maintenance.
-
Re Trepca Mines Ltd (No. 2)
“
The reason why the common law condemns champerty is because of the abuses to which it may give rise. The common law fears that the champertous maintainer might be tempted, for his own personal gain, to inflame the damages, to suppress evidence, or even to suborn witnesses.
-
Awwad v Geraghty & Company
“
But it is a subject upon which there are sharply divergent opinions and where I should hesitate to suppose that my opinion, or that of any individual judge, could readily or convincingly be regarded as representing a consensus sufficient to sustain a public policy. But it is a subject upon which there are sharply divergent opinions and where I should hesitate to suppose that my opinion, or that of any individual judge, could readily or convincingly be regarded as representing a consensus sufficient to sustain a public policy.
-
Trendtex Trading Corporation v Credit Suisse
“
There is, I think, a clear requirement of public policy that officers of the court should be inhibited from putting themselves in a position where their own interests may conflict with their duties to the court by the agreement, for instance, of so-called "contingency fees"; and there may well be valid reasons why personal rights of action for tortious damage should not, in general, be the subject matter of assignment or partition.
-
Thai Trading v Taylor
“
Except as there provided, therefore, it is unprofessional conduct for a solicitor to enter into any agreement even for his normal fee where this is dependent on achieving a successful result in litigation. But the fact that a professional rule prohibits a particular practice does not of itself make the practice contrary to law: see Picton Jones & Co. v Arcadia Developments Ltd. [1989] 1 EGLR 42.
-
Hill v Archbold
“
Much maintenance is considered justifiable today which would in 1914 have been considered obnoxious. Most claims by workmen against their employers are paid for by a trade union. Most defences of motorists are paid for by insurance companies. This is perfectly justifiable and is accepted by everyone as lawful, provided always that the one who supports the litigation, if it fails, pays the costs of the other side.
-
Camdex International Ltd v Bank of Zambia
“
An assignment of a debt is not invalid even if the necessity for litigation to recover it is contemplated. Suing on an assigned debt is not contrary to public policy even if the assignor retains an interest. What is contrary to public policy and ineffective is an agreement which has maintenance or champerty as its object; such a consequence will not be avoided by dressing up a transaction which has that character and intent as an assignment of a debt.
-
The European Union (Recognition of Professional Qualifications) Regulations 2015
...... are directly linked to professional qualifications, such as the definition of the profession, the use of titles, and serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary provisions which are applicable to professionals ......
-
Data Protection Act 2018
...... (a) (a) by or under the responsibility of a health professional or a social work professional, or . (b) (b) by another person who in the ... (a) (a) dishonesty, malpractice or other seriously improper conduct, . (b) (b) unfitness or incompetence, ......
-
The European Communities (Recognition of Professional Qualifications) Regulations 2007
...... are directly linked to professional qualifications, such as the definition of the profession, the use of titles, and serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary provisions which are applicable to professionals ......
-
Data Protection Act 1998
......(i) financial loss due to dishonesty, malpractice or other seriously. improper conduct by, or the unfitness or incompetence ... . (a) any communication. between a professional legal adviser and his client in connection with. the giving of legal ......
-
Asset Protection Trusts and Gibraltar's Legislation
‘Asset Protection’ can be defined as the process of organising one's assets and affairs in advance, so as to best guard them in the future against future financial loss. ‘Asset Protection Trusts’ a......... United States in obtaining affordable pro-fessional liability/malpractice cover. Gibraltar has passed legislation by way of amendments to its ... and satisfaction of a judgment rendered against the professional in his home country. While the mere existence of an asset protection trust ......
-
Bo CARLSSON, ÅKE ISACSSON AND BARBRO SJÖBECK, Obstacles that Prevent Legal Programmes from Functioning as a Learning Process: The Example of Malpractice Claims in the Swedish Health-Care System
...... is to shed light on different obstacles (that is the defects in the judicial process, the inertia of custom and the professional culture of organization) in the process of dealing with malpractice claims, and in the coupling of the decisions to the actual ......
-
Unreliable Confessions and Miscarriages of Justice in Britain
Miscarriages of justice are sometimes caused by confessions, which are coerced by the police or result from suspects' psychological vulnerabilities during custody and interrogation. In recent years......... police impropriety or malpractice (right col- . implications for how expert psychological . umn). The ...and compliance, which were important. In . professional malpractice . the case of Ward it was a diagnosis of . Police ......
-
Book Reviews
......The book is, however, essential reading for academic and professional staff new to this area who want to know about the ‘evidence’ behind ...In stating that “Professional malpractice,. 98. Book Reviews. corporate malfeasance, terrorism, fraud, environmental ......
-
Professional negligence: Another decision on liability for identity theft leaves the law uncertain
In Dreamvar (UK) Limited v (1) Mishcon de Reya (a firm) and (2) Mary Monson Solicitors Limited [2016] EWHC 3316 (Ch), Mr David Railton QC, sitting as a Deputy High Court Judge in the Chancery Divis...
-
UK Government's Response To The Department For Business, Innovation And Skills 'Whistleblowing Framework: Call For Evidence'
...... or pressure to misreport; Financial irregularities; Professional malpractice; Mismanagement of public funds by public bodies or private ......
-
UK Government’s Response to the Department for Business, Innovation and Skills “Whistleblowing Framework: Call For Evidence”
Crucially businesses should be confident that reprisals against whistle-blowers are not an issue for them, and that their organisation understands and trusts any whistleblowing policy and procedure......... Financial irregularities; (iv) Professional malpractice; (v) Mismanagement of public funds ......
-
Examination Results In 2020 - What Next?
......u-turn, including their Summary guidance on appeals, malpractice. and maladministration complaints for GCSE, AS and A level grades in. ...information by revisiting or revising the professional judgments. which underpin them, which is not permitted.". How Else Can a ......