Training & Knowledge: December 2023

11th Dec 2023Blog

Collateral use by investigating authorities

Disputes and investigations giving rise to proceedings in both the criminal and civil jurisdictions are increasingly common. The principles surrounding the disclosure and use in one domestic jurisdiction of material received in another are well-established, albeit their application may be complex and highly fact-specific. The implied undertaking by the recipient of evidence disclosed in civil […]

5th Dec 2023Newsletters

Drawing the net too tight? Does the new Financial Reporting Council policy for the disclosure of unused material meet the basic requirements of fairness?

In relation to disciplinary proceedings brought against accountants and actuaries, the FRC has introduced a new policy on the disclosure of ‘unused material’ (ie material gathered during the course of an investigation upon which the FRC does not rely).  This replaces the old policy which had been in force since 2013.  The changes bring with […]

5th Dec 2023Newsletters

An Improper Pursuit: R (On the application of The Chief Constable of Cleveland Police) v A Police Misconduct Panel (Interested Party: PC Paul Faulkner) (Unreported)

Yet another successful judicial review by a police force of the findings of the police misconduct panel you say? Not quite. The reader will be no doubt delighted to know that this article represents something rather different to my usual lament, involving (as it usually does) sorry tales of the writer valiantly snatching defeat from […]

5th Dec 2023Newsletters

Lessons to be learnt from a failure to properly evaluate evidence of vulnerability: Professional Standards Authority for Health and Social Care v General Medical Council [2023] EWHC 2391 (Admin)

The Issue The PSA appealed against the decision of the MPTS to impose a sanction of six months suspension on Dr Onyekpe (“Dr O”) following a hearing at which he had admitted that he had a sexual relationship with a patient (“Patient A”). The relationship had taken place over a period of two months and […]