Professional Misconduct in UK Law

Leading Cases
  • Preiss v General Dental Council
    • Privy Council
    • 17 Julio 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 Junio 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 Marzo 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.

  • Rao v General Medical Council
    • Privy Council
    • 09 Diciembre 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 Diciembre 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.

  • Donkin v Law Society
    • Queen's Bench Division (Administrative Court)
    • 07 Marzo 2007

    In this court, Mr Williams' first submission in his skeleton argument was that the material was not relevant to the issue of dishonesty but only to sanction. Giving the judgment of the Court of Appeal Judge LJ referred to issues of culpability and mitigation as being distinct, with a need for them to be addressed and decided sequentially (paragraph 43). However, the Court did not suggest that material relevant to the discrete issues is always mutually exclusive.

  • Silver v General Medical Council
    • Privy Council
    • 14 Abril 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
  • Solicitors (Scotland) Act 1933
    • UK Non-devolved
    • 1 de Enero de 1933
    ....... 25. The Court in the case of professional misconduct of a solicitor may cause such solicitor to be struck off the ......
  • Medical Act 1969
    • UK Non-devolved
    • 1 de Enero de 1969
    ......or for professional misconduct). . (3) Where a direction for temporary registration in ......
  • Medical Act 1983
    • UK Non-devolved
    • 1 de Enero de 1983
    ......Proceedings Committee, the Professional Conduct Committee. and the Health Committee (in this Act referred to as ... S-36 . Professional misconduct and criminal offences. 36 Professional misconduct and criminal offences. ......
  • Legal Profession and Legal Aid (Scotland) Act 2007
    • Scotland
    • 1 de Enero de 2007
    ...... . (a) suggesting— . (i) professional misconduct or unsatisfactory professional conduct by a practitioner other ......
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Books & Journal Articles
  • Health Practitioner Regulation: Has the National Law Produced National Outcomes in Serious Disciplinary Matters?
    • Nbr. 47-4, December 2019
    • Federal Law Review
    Since 2010, a national scheme regulates the registration, accreditation and discipline of health professionals in Australia (the ‘National Law’). This research examines disciplinary cases from trib...
    ...... the registration, accreditation and discipline of health professionals in Australia (the ‘National Law’). This research examines ... consistency in outcomes in serious cases of professional misconduct? All publicly available Australian tribunal-level decisions concerning ......
  • 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 moralissues here. There are also matters ofreputation, acceptance, ...Plagiarism itself is usually linked withacademic misconduct by students and by teachers/lecturers/writers. Reaction by institutions ......
  • Experts and pretenders: Examining possible responses to misconduct by experts in criminal trials in England and Wales
    • Nbr. 24-2, April 2020
    • International Journal of Evidence & Proof, The
    Much academic literature explores the reliability of expert evidence in criminal proceedings in England and Wales. However, almost no attention has been paid to misconduct by experts giving evidenc...
    ...... England and Wales, noting particularly the differences in responses available, depending firstly upon whether the expert is a registered professional, and secondly whether the expert has stepped outside of their expertise; did not have relevant expertise at all, or was dishonest. Professional ......
  • 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...
    ...... Society 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. INTRODUCTION The Pharmacy Act 1954 s. 7 pro-vided for the appointment of a Statutory ......
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Law Firm Commentaries
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Forms
  • Chapter BIM38545
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......The cost of defending title to trade or professional assets is generally allowable - see for example Southern v Borax ... agreed that there was a prima facie case of professional misconduct and invited Mr Sanders to take proceedings in the courts before they would ......
  • Chapter CH860200
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... . When an agent’s poor behaviour amounts to misconduct we can make public interest disclosures under Section 20(3) of the ... issued by the agents’ representative bodies regarding professional......
  • Chapter BIM38600
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... 50 TC 1. . . Defending charge of professional misconduct. Knight v Parry. . BIM37960, BIM38545. 48 TC ......
  • Chapter CH881600
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... issue a conduct notice to an individual who is a member of a professional or other regulatory body, HMRC can make a public interest disclosure to e individual’s professional body about their misconduct. You must follow the guidance on making a public interest disclosure that ......
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