Coke-Wallis v Institute of Chartered Accountants In England and Wales [2009] EWCA Civ 730 considered the application of principles of res judicata and autrefois acquit (the criminal version of the same principle, an aspect of double jeopardy) to disciplinary ‘prosecutions’. It did so in the context of the disciplining of accountants. The relevant scheme made [...]
Entries Tagged as 'autrefois acquit'
Double jeopardy and disciplinary proceedings
August 12th, 2009 · No Comments
Tags: Abuse of process · Discipline · Misconduct · autrefois acquit · procedure
More cases
May 30th, 2008 · No Comments
I only just caught up with the fact that the Court of Appeal has overturned Justice Gillard’s decision in Kabourakis v Medical Board of Victoria [2005] VSC 493, the subject of an earlier post. See [2006] VSC 301.
VCAT’s Vice President Harbison, sitting in the Legal Practice List for the first time I am aware [...]
Tags: Discipline · Fair Trading Act · Legal Services Commissioner · Litigation estoppels · autrefois acquit · doctors · procedure · prosecutorial failures · prosecutors' duties · regulators' duties
Staying disciplinary proceedings as abuses of process
January 17th, 2007 · No Comments
Update, 23 December 2009: Doubt is cast on the correctness of Hunt AJA’s comments by Hodgson JA, the other justices of appeal agreeing, in Council of the NSW Bar Association (2008) 72 NSWLR 236 at 249 ([40]).
Original post: The following passage from the NSW Court of Appeal’s decision in Lindsay v Health Care Complaints Commission [...]
Tags: Abuse of process · Uncategorized · autrefois acquit · jurisdiction · procedure
Justice Gillard says: prosecute the same offence as many times as you like
April 24th, 2006 · No Comments
Kabourakis v Medical Practitioners Board of Victoria [2005] VSC 493 (Gillard J)
Justice Gillard said doctors get no res judicata and allowed the doctors’ regulator to fix a bungled prosecution following a complaint by deciding to investigate the matter already decided under its power to investigate of its own volition.
Tags: Uncategorized · autrefois acquit · defences · judicial review

