Disciplinary Proceedings in UK Law

Leading Cases
  • Gregory v Portsmouth City Council
    • House of Lords
    • 27 January 2000

    Nevertheless, for essentially practical reasons I am not persuaded that the general extension of the tort to civil proceedings has been shown to be necessary if one takes into account the protection afforded by other related torts. I am tolerably confident that any manifest injustices arising from groundless and damaging civil proceedings are either already adequately protected under other torts or are capable of being addressed by any necessary and desirable extensions of other torts.

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

    Any solicitor who is shown to have discharged his professional duties with anything less than complete integrity, probity and trustworthiness must expect severe sanctions to be imposed upon him by the Solicitors Disciplinary Tribunal.

    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.

  • R (G) v X School Governors & Y City Council
    • Supreme Court
    • 29 June 2011

    I accept at once the gravity of the consequences for the claimant of being placed on the children's barred list. For that reason, I would agree with the courts below that, if article 6 did apply in the disciplinary proceedings, then the claimant was entitled to the enhanced procedural protection (normally associated with criminal proceedings) of the right to have legal representation at the disciplinary hearing.

  • R v Board of Visitors of Hull Prison, ex parte St Germain
    • Court of Appeal (Civil Division)
    • 03 October 1978

    In each case the subject-matter may be the same; the relevant fundamental regulations are common to both forms of proceeding.

  • Salsbury v Law Society
    • Court of Appeal (Civil Division)
    • 25 November 2008

    The correct analysis is that the Solicitors Disciplinary Tribunal comprises an expert and informed tribunal, which is particularly well placed in any case to assess what measures are required to deal with defaulting solicitors and to protect the public interest. Absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.

  • R (McCann) v Manchester Crown Court
    • House of Lords
    • 17 October 2002

    However, I agree that, given the seriousness of matters involved, at least some reference to the heightened civil standard would usually be necessary: In re H (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563, 586D-H, per Lord Nicholls of Birkenhead. But in my view pragmatism dictates that the task of magistrates should be made more straightforward by ruling that they must in all cases under section 1 apply the criminal standard.

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Legislation
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Books & Journal Articles
  • Prison Disciplinary Proceedings—Right to a Fair Trial
    • No. 68-2, March 2004
    • Journal of Criminal Law, The
  • Prison Disciplinary Proceedings—Right to a Fair Trial
    • No. 68-2, April 1995
    • Police Journal: Theory, Practice and Principles
  • DISCIPLINARY PROCEEDINGS IN THE STATE EDUCATION SYSTEM IN NEW ZEALAND
    • No. 15-1, January 1977
    • Journal of Educational Administration
    • 133-141
    The paper briefly outlines the legal procedures involved in a hearing by the Teachers Court of Appeal of an appeal by a teacher against dismissal. It discusses the duty of an employing authority to...
  • Disciplinary Action
    • No. 5-1, January 1997
    • Journal of Financial Regulation and Compliance
    • 92-93
    i) On 12 July 1996, SFA issued Board Notice 345 containing details of its disciplinary action against John Edmund Odell and Branston & Gothard Ltd. SFA commenced disciplinary proceedings against Mr...
    ... ... SFA commenced disciplinary proceedings against Mr. Odell and B & G Ltd in February 1995. Mr Odell was working for B & G Ltd. from home on a self-employed half commis-sion basis. He caused ... ...
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Law Firm Commentaries
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Forms
  • T400)
    • HM Courts & Tribunals Service court and tribunal forms
    Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.
    ... ... a wide range of disciplinary and regulatory matters such as authorisation and ... permission, penalties ... You need permission first ... Any other party to the proceedings before the tribunal has the same rights to apply to ... have the decision ... ...
  • T420)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... If so, you will be referred to in the proceedings as the appellant and in this publication ... where the word 'claimant' or ... else to) a disciplinary or grievance hearing ... • For acting as a workers’ representative: ... ...
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