Stephen Warne on professional negligence, regulation and discipline around the world

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Entries Tagged as 'autrefois acquit'

Can a legal regulator rescind a decision to bring disciplinary proceedings

March 21st, 2015 · No Comments

The Supreme Court of Tasmania has made an important ruling in  Legal Profession Board of Tasmania v XYZ [2014] TASSC 33 about the finality of decisions made by legal regulators at the end of disciplinary investigations.  The decision suggests that in those jurisdictions with similar statutory provisions, until a disciplinary prosecution is launched, such decisions […]

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Tags: amendment · autrefois acquit · Discipline · Legal Profession Act · Legal Services Commissioner · procedure · Professional regulation · regulators' duties

WASCA on the kind of recklessness in making statements which amounts to conduct warranting discipline

June 12th, 2014 · No Comments

Traditionally, the law of professional discipline has differed from the law of negligence in three profound ways.  First, its aim is the protection of the public (though the policy in favour of protecting the reputation of the profession grossly infects the purity of this proposition in most analyses).  Secondly, it is about personal wrongdoing.  Statute […]

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Tags: "question of law" · appeals · autrefois acquit · Discipline · Dishonesty · duties regarding witnesses · duty to court · Ethics · fraud · litigation ethics · negligence as disciplinary breach · procedure · prosecutorial failures · prosecutors' duties

Disciplinary decisions result in res judicatae

February 8th, 2011 · No Comments

So said England’s highest court in R (on the application of Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 2. An accountant and his wife were directors and shareholders of trust companies carrying out regulated financial services in Jersey.  Jersey is an island off the coast of Normandy which is not […]

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Tags: autrefois acquit · Discipline · procedure · prosecutorial failures

Can’t keep up

August 7th, 2010 · No Comments

Many new decisions of interest are coming out and I will not have time to blog them any time soon as I have to go to University and concentrate on my latest and hopefully last field of study, Shareholders Rights and Remedies.  Here are some pointers in case you want to read this slew of […]

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Tags: autrefois acquit · Criminal liability · Discipline · doctors · Negligence · Out of court settlements · procedure · prosecutorial failures

Double jeopardy and disciplinary proceedings

August 12th, 2009 · No Comments

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 […]

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Tags: Abuse of process · autrefois acquit · Discipline · Misconduct · 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 […]

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Tags: autrefois acquit · Discipline · doctors · Fair Trading Act · Legal Services Commissioner · Litigation estoppels · 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 v A (2008) 72 NSWLR 236 at 249; [2008] NSWCA 164 ([40]). Original post: The following passage from the NSW Court of Appeal’s decision in […]

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Tags: Abuse of process · autrefois acquit · jurisdiction · procedure · Uncategorized

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.

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Tags: autrefois acquit · defences · judicial review · Uncategorized