Professional Conduct Casebook

Third Edition

Kenneth Hamer

Analyses over 1000 cases across an extensive range of professions, as well as offering incisive summaries of the cases, legal framework, and general principles
Easy-to-use A-Z format, providing quick and logical navigation to the matter at hand
Unparalleled breadth with 85 issue-specific chapters covering everything you need to know, from abuse of process to vulnerable witnesses
Cases are helpfully cross-referenced to other relevant chapters

New to this Edition:

Fully updated with all relevant case law
Coverage of all major changes to the law and practice, including new government legislation
Three additional chapters on Amendment, Integrity (Lack of) and Notice of Proceedings and Proportionality
New structure organises cases so that health, legal, other professionals cases are grouped within chapters and easily identified
Includes expert author summary at the end of each chapter that highlights key cases and points of interest

Professional Conduct Casebook

Third Edition

Kenneth Hamer

Description

There are approximately 100 new cases each year coming before the higher courts dealing with regulatory and disciplinary issues. Cases involving health care professionals, the legal and accountancy professions and the police, including the Independent Police Complaints Commission, are heard daily in the Administrative Court in London or in Manchester, and cases concerning financial services are regularly heard in the Upper Tribunal. Frequently cases go on appeal to the Court of Appeal and occasionally to the Supreme Court. Additionally, cases involving issues of professional conduct are heard in the Court of Session in Scotland and the High Court in Northern Ireland.

Now in its third edition, Kenneth Hamer's Professional Conduct Casebook is a leading authority and continues to be the only book to provide comprehensive coverage of the growing body of case law in this developing area. Containing 85 chapters in an easy-to-use A-Z format, it analyses all key professional conduct and competence cases in one single volume, distilling the general principles from the legislative framework and offering lucid and informed summaries for today's busy practitioner. Key words included in the margin beside each case enables the reader to see at a glance the critical features of the case in question.

The book covers every issue arising in the course of professional conduct proceedings, from absence of the practitioner through to the unrepresented practitioner and witnesses. The author expertly identifies all of the relevant source material that needs to be considered when confronted by a specific issue, and provides clear, practical guidance. Each chapter examines the legal framework of all the applicable statutory and non-statutory provisions, details any relevant guideline remarks which set out general principles, and summarizes all relevant case law. The book is an indispensable source of reference for every regulatory and disciplinary lawyer, and all professionals engaged in this work.

Professional Conduct Casebook

Third Edition

Kenneth Hamer

1. Absence of the Practitioner
2. Abuse of Process
3. Adjournment
4. Amendment
5. Appeals
6. Appeals by the Regulator
7. Bad Character
8. Bias
9. Burdon of Proof
10. Case Management
11. Civil Restraint Orders
12. Concurrent Proceedings
13. Conditions of Practice Orders
14. Consensual Disposal
15. Constitution of Panel
16. Conviction and Caution Cases
17. Costs
18. Deficient Professional Performance
19. Delay
20. Disclosure, Confidentiality, Data Protection, and Freedom of Information
21. Dishonesty (General Principles)
22. Dishonesty (Sanction)
23. Disposal without Oral Hearing
24. Double Jeopardy
25. Drafting of Charges
26. Erasure
27. Estoppel
28. Evidence
29. Experts
30. Findings of Fact
31. Fines
32. Galbraith Submissions
33. Good Character
34. Health (Adverse Physical or Mental Health)
35. Human Rights
36. Impairment of Fitness to Practise
37. In Camera Discussions
38. Independent and Impartial Tribunal
39. Indicative Sanctions Guidance
40. Insight
41. Integrity (lack of)
42. Interim Orders (General Principles)
43. Interim Orders (Extension of Interim Orders)
44. Investigation of Allegations
45. Joinder
46. Judicial Conduct
47. Judicial Immunity
48. Judicial Review
49. Jurisdiction
50. Language (Knowledge of English)
51. Legal Assessors
52. Legally Qualified Chair
53. Legal or Other Representation
54. Legitimate Expectation
55. Medical Advisers
56. Misconduct
57. Natural Justice
58. Negligence
59. No Case to Answer
60. Notification Requirements
61. Privilege
62. Proportionality
63. Public or Private Hearing
64. Publication and Anonymity
65. Reasons
66. Recklessness
67. References by the Professional Standards Authority
68. Registration
69. Re-Opening and Review of Decisions
70. Reprimand
71. Restoration to the Register
72. Review Hearings
73. Sanction
74. Service
75. Standard of Proof
76. Stay of Proceedings
77. Striking Off
78. Suspension
79. Undertakings and Warnings
80. Unrepresented Practitioner
81. Voluntary Erasure
82. Waiver
83. Whistleblowing
84. Witnesses
85. Words and Phrases

Professional Conduct Casebook

Third Edition

Kenneth Hamer

Author Information

Kenneth Hamer, Barrister of the Inner Temple

Kenneth Hamer is an experienced barrister and former Recorder of the Crown Court. He sits as a legally qualified chair at the General Medical Council (Medical Practitioners Tribunal Service) and is a legal adviser/legal assessor to the General Dental Council and the Nursing and Midwifery Council. He regularly represents regulators and practitioners in a range of professional conduct cases, as well as advising and lecturing on fitness to practise processes. He is the joint editor of the Association of Regulatory and Disciplinary Lawyers' Quarterly Bulletin and a council member of the Incorporated Council of Law Reporting in England and Wales.

Professional Conduct Casebook

Third Edition

Kenneth Hamer

Reviews and Awards

"Everyone involved in the field of regulation of professional conduct has reason to be grateful to Mr Kenneth Hamer for producing this valuable casebook. Now in its third edition, the book is helpfully divided into topics arranged alphabetically. Within each chapter there are helpful references to the main cases, with annotations and commentary which will assist the busy practitioner in identifying quickly what the salient points are. I have no doubt that the reader will find that the detail they require is to be found in this casebook but also that it is 'user friendly'." -- The Rt. Hon. Lord Justice Singh, Foreword, Professional Conduct Casebook

"The third edition builds on the success of the previous editions. ... It is difficult to comprehend the scale of the task that Kenneth has successfully undertaken and the level of enthusiasm he has for the subject. All of us who work in this area are hugely indebted to him. I work in a busy regulatory team where we have a number of hearings each day. Whilst we have multiple copies of the book it is always in high demand which reflects its practical benefit in dealing with cases. Indeed it would be difficult to run any type of professional regulatory practice without at least one copy of the book." -- Iain Miller, ARDL Bulletin

"I have always found the Casebook extremely useful when researching the law on a particular point. One knows that if there is a useful case on the point in question, Hamer will have noticed it and noted it. The book is of great value to practitioners, and I am sure that this edition will be as well received as the others." -- Greg Treverton-Jones QC, The Law Society Gazette

"Sometimes, these days, books do not necessarily do what they say on the cover. This book most certainly does and I would say it is an essential for those working in the sphere of regulation and discipline. [Review from previous edition]." -- David Wilton, TEDR, The Academy of Experts

"Hamer's Professional Conduct Casebook is a leading authority and continues to be the only book to provide comprehensive coverage of the growing body of case law in this developing area.Case studies remain at the heart of this casebook which is the only book to analyse all key professional conduct and competence cases in one single, portable volume. There are over 1,000 reported cases, 250 being new to this edition. It is an indispensable source of reference for every regulatory and disciplinary lawyer and anyone engaged in this work. [Review from previous edition]" -- Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

"Kenneth's book remains an invaluable aid to practitioners in the field of regulatory and disciplinary work and, as noted in the forward to the new edition by the Rt Hon. Lord Justice Lloyd Jones, Chairman of the Law Commission, 'Kenneth deserves the warm thanks and congratulations of a grateful profession. [Review from previous edition]" -- Nicole Curtis, Partner, Pennigtons, ARDL Quarterly Bulletin

"I have no doubt that this new edition will be welcomed without reservation by those who practise regulatory and disciplinary law, and will both consolidate and enhance the book's reuptation. In what must be and extraordinarily time-consuming exercise of reading and distilling hundreds of new cases, Hamer has saved enormous amounts of research time for those of us who toil in the regulatory vineyard. In every respect, this is a worthy successor to the first edition. [Review from previous edition]" -- Greg Treverton-Jones QC, Law Society Gazette