OFT refers bus companies
The OFT referred the local bus services (excluding London and Northern Ireland) to the Competition Commission. This is the result of a surprise enquiry which the OFT started in March last year. The OFT issued its report in August 2009 and publicly consulted on its proposal to refer. Today's decision concludes the OFT stage of the enquiry. What are the issues? The OFT has i…
Exploring the Double Jeopardy Principle: Piers Coke-Wallis V ICAEW
Difficulties can arise for regulators in deciding whether to raise a complaint against a member where the underlying circumstances are similar to a previous complaint. This latest Court of Appeal decision considers when, and to what extent, a second, subsequent disciplinary complaint may be pursued arising from the same underlying facts as those previously considered in an ear…
Delay, absence of a respondent and bias of the decision maker - the court's views on these thorny issues
The constantly evolving world of professional regulation has again seen clarification from the courts with regard to the issues of delay, proceeding in the absence of a Respondent and perceived bias. In this article we examine recent judicial decisions and their implications for regulators and Respondents alike. Article 6 and Delay What is the effect of delay in bringin…
Who pays the price of regulation? More costly for respondents than regulators?
The question of how appropriately to fund professional disciplinary proceedings remains contentious. This issue is currently at the forefront of the minds of the Accountancy and Actuarial Discipline Board (AADB), who published a consultation document in January seeking views on how disciplinary proceedings should be funded. This follows on from a significant adverse costs award…
Communication is key - the importance of effective reasoning
It is well known that Disciplinary Panels and other quasi-judicial Tribunals must be careful to give appropriate reasons for their decisions. This important principle is however sometimes more cited than necessarily understood, or indeed implemented in practice. A couple of recent examples from the case law provide a timely opportunity to review the requirements. In C v Spe…
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