Professional Misconduct in UK Law

Leading Cases
  • Preiss v General Dental Council
    • Privy Council
    • 17 Jul 2001

    It is settled that serious professional misconduct does not require moral turpitude. Something more is required than a degree of negligence enough to give rise to civil liability but not calling for the opprobrium that inevitably attaches to the disciplinary offence. The core and most serious shortcoming was summarised by the PCC as failure to ensure that the state of the patient's oral health was appropriate in view of the ambitious treatment plan.

  • Dr. Purabi Ghosh v The General Medical Council
    • Privy Council
    • 18 Jun 2001

    For these reasons the Board will accord an appropriate measure of respect to the judgment of the Committee whether the practitioner's failings amount to serious professional misconduct and on the measures necessary to maintain professional standards and provide adequate protection to the public. But the Board will not defer to the Committee's judgment more than is warranted by the circumstances.

  • Dr. John Roylance v The General Medical Council
    • Privy Council
    • 24 Mar 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.

  • Baxendale-Walker v Law Society
    • Court of Appeal (Civil Division)
    • 19 Jul 2007

    For the Law Society to be exposed to the risk of an adverse costs order simply because properly brought proceedings were unsuccessful might have a chilling effect on the exercise of its regulatory obligations, to the public disadvantage.

  • Rao v General Medical Council
    • Privy Council
    • 09 Dec 2002

    There was undoubted negligence but something more was required to constitute serious professional misconduct and to attach the stigma of such a finding to a doctor of some 25 years standing with an hitherto unblemished career. Their Lordships are left with a profound sense of unease and are far from satisfied that if properly advised the PCC would inevitably have arrived at the same conclusion.

  • Bolton v The Law Society
    • Court of Appeal (Civil Division)
    • 06 Dec 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.

  • Silver v General Medical Council
    • Privy Council
    • 14 Apr 2003

    In the instant case there can be little doubt that there was negligence and that it was open to the Committee to find that this constituted professional misconduct. However the Committee should have gone on to consider as a separate issue whether this amounted to serious professional misconduct. It is by no means self-evident that if this question had been posed it would have been answered in the affirmative.

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ...... tender or the request to participate, the names and relevant professional qualifications of the staff to be responsible for the performance of the ... that the economic operator is guilty of grave professional misconduct, which renders its integrity questionable;(d) where the contracting ......
  • Legal Profession and Legal Aid (Scotland) Act 2007
    • Scotland
    • January 01, 2007
    ...... . (a) suggesting— . (i) professional misconduct or unsatisfactory professional conduct by a practitioner other ......
  • Solicitors (Scotland) Act 1933
    • UK Non-devolved
    • January 01, 1933
    ....... 25. The Court in the case of professional misconduct of a solicitor may cause such solicitor to be struck off the ......
  • Medical (Professional Performance) Act 1995
    • UK Non-devolved
    • January 01, 1995
    ...... S-1 . Professional performance. 1 Professional performance. . 1. After section 36 of the  Medical Act 1983 (professional misconduct and criminal offences) there shall be inserted— . S-36A . 36A ‘Professional performance. . (1) Where the standard of professional. ......
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Books & Journal Articles
  • Contested texts: issues of plagiarism
    • Nbr. 22-6/7, September 2001
    • Library Management
    • 311-318
    Popular views of plagiarism are based on the concept of original authorship and the moral and economic implications of it. Plagiarism itself is usually linked with academic misconduct by students a...
    ......There is clearly a mixture of legal, intellectual, social, professional, and moral issues here. There are also matters of reputation, acceptance, ...Plagiarism itself is usually linked with academic misconduct by students and by teachers/ lecturers/writers. Reaction by institutions ......
  • THE STATUTORY COMMITTEE OF THE ROYAL PHARMACEUTICAL SOCIETY OF GREAT BRITAIN — THE FUNCTION OF A DISCIPLINARY BODY IN MAINTENANCE OF PROFESSIONAL STANDARDS
    • Nbr. 1-1, January 1992
    • Journal of Financial Regulation and Compliance
    • 103-109
    The paper considers cases which indicate both the controls exercised by the Statutory Committee of the Royal Pharmaceutical Society of Great Britain over the profession of pharmacy through its powe...
    ...... of Great Britain over the profession of pharmacy through its powers to hold inquiries into allegations or conviction of misconduct, and the limitations of the power of the Statutory Committee. INTRODUCTIO N Th e Pharmac y Ac t 195 4 s . 7 pro - vide d fo r th ......
  • THE DISCIPLINARY JURISDICTION OF PROFESSIONAL TRIBUNALS
    • Nbr. 25-5, September 1962
    • The Modern Law Review
    ...... principal grounds: (i) conviction of a criminal offence, and (ii) conduct variously described as professional misconduct or infamous conduct in a professional respect. 1 The Medical Act, 1868. 2 The Professions Supplementary to Medicine ......
  • Australian local government corruption and misconduct
    • Nbr. 23-1, January 2016
    • Journal of Financial Crime
    • 102-118
    Purpose: – This paper aims to focus on corruption and misconduct evidenced from local government investigation reports in Australia, New Zealand and the UK. Design/methodology/approach: – A corrup...
    ......The literature pertaining to misconduct of public ofcers within government related in part to professional misconduct ( Andreoli and Lefkowitz, 2009 ; Karpoff et al. , 2008 ; Oppler et al. , 2008 ) and professional misconduct and professional ethics ( ......
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Law Firm Commentaries
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