Kingsley Napley

Experts

11

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Áine Kervick
Kingsley Napley
Iain Miller
Kingsley Napley
Jemma Brimblecombe
Solicitor
Kingsley Napley
Jessica Clay
Senior Associate
Kingsley Napley
Joseph Austin
Solicitor
Kingsley Napley
Kate Salter
Solicitor
Kingsley Napley
Lucy Williams
Kingsley Napley
Rebecca Niblock
Kingsley Napley
Richard Clayman
Solicitor
Kingsley Napley
Sian Jones
Kingsley Napley
Will Hayes
Kingsley Napley
Contributions by Kingsley Napley

10

GDC—disciplinary process
GDC—disciplinary process
Practice notes

This Practice Note explains the General Dental Council disciplinary process under the Dentists Act 1984 and General Dental Council (Fitness to Practise) Rules Order of Council 2006. It includes an overview of the process for taking disciplinary action, and the public interest test and what is meant by impaired fitness to practise.

GDC—Fitness to practice process—Case Examiners and Investigating Committee
GDC—Fitness to practice process—Case Examiners and Investigating Committee
Practice notes

This Practice Note explains the procedure for the General Dental Council (GDC) Fitness to Practise hearing involving the first steps of the process—the Registrar’s assessment, Case Examiners’ (CEs) assessment and, where the Case Examiners cannot unanimously agree on next steps, assessment by the Investigating Committee.

GDC—Fitness to practise hearings conducted by the Practice Committees
GDC—Fitness to practise hearings conducted by the Practice Committees
Practice notes

This Practice Note explains the fitness to practise hearing conducted by the relevant Practice Committee of the General Dental Council (GDC) once a case has been referred to them by the Case Examiners or the Investigating Committee. The hearing and Practice Committee functions are governed by the Dentists Act 1984 and General Dental Council (Fitness to Practise) Rules Order of Council 2006, SI 2006/1663. It includes information on the roles of the three Practice Committees, notification of the hearing, preliminary meetings and the fitness to practise hearing, as well as the procedure to be followed at a fitness to practice hearing.

GDC—Fitness to practise hearings—sanctions and mitigation
GDC—Fitness to practise hearings—sanctions and mitigation
Practice notes

This Practice Note explains the sanctions available to the General Dental Council Practice Committees under the Dentists Act 1984 (DA 1984) and General Dental Council (Fitness to Practise) Rules Order of Council 2006, SI 2006/1663. The sanctions include a reprimand, conditions of practice, suspension and erasure from the register. It also covers mitigation: what would or would not be considered to be mitigation by the Practice Committee.

GDC—Functions of the Case Examiners and Investigating Committee and the principles of their decision making
GDC—Functions of the Case Examiners and Investigating Committee and the principles of their decision making
Practice notes

This Practice Note explains the statutory function of the General Dental Council’s (GDC) Case Examiners (CEs) and Investigating Committee (IC) and the principles they should apply. It explains the reasonable prospect test and the provision of reasons for the decision(s) reached by the CEs and the IC.

GDC—Interim Orders Committee
GDC—Interim Orders Committee
Practice notes

This Practice Note explains the practice and procedure of the Interim Order Committee of the General Dental Council (GDC). It deals with the procedure at the hearing, how and what type of order can be imposed and the duty to give reasons for a decision. In addition it covers the procedure where interim orders are imposed by the Interim Orders Committee.

GDC—powers of the Case Examiners and the Investigating Committee
GDC—powers of the Case Examiners and the Investigating Committee
Practice notes

This Practice Note explains the powers available to the General Dental Council’s (GDC) Case Examiners and Investigating Committee under General Dental Council (Fitness to Practise) Rules Order of Council 2006, SI 2006/1663. It includes referring a case to a Practice Committee, closing a case, issuing a warning, publishing warnings, issuing advice, no further action, adjourning to request further specific enquiries be made, interim orders and reviewing the determination.

GDC—Registration Appeals Committee
GDC—Registration Appeals Committee
Practice notes

This Practice Note explains the practice and procedure of the Registration Appeals Committee (RAC) of the General Dental Council (GDC). It explains which decisions are appealable decisions which can be referred to the RAC, the procedure to be followed before the RAC and the recovery of costs in appealing the decision of the RAC.

The criminal investigation process for the cartel offence
The criminal investigation process for the cartel offence
Practice notes

The Competition and Markets Authority (CMA) and the UK’s Serious Fraud Office (SFO) both have powers to investigate persons suspected of involvement in the criminal cartel offence under section 188 of the Enterprise Act 2002. This Practice Note, provides an overview of the agencies’ powers and the criminal investigation process. The Practice Note considers the relationship between the CMA and the SFO under their Memorandum of Understanding. It also explores the CMA’s and SFO’s powers to require documents and the limits on disclosure of privileged or commercially sensitive information.

The UK criminal cartel offence
The UK criminal cartel offence
Practice notes

The amended criminal cartel offence came into effect on 1 April 2014. This Practice Note explores the changes and their impact. The amended offence is contrasted with the old law, the focus is on the removal of the dishonesty requirement and the notification and publication exclusions. Also, details of defences where there is an absence of intention to conceal or where there has been disclosure to a ‘professional legal advisor’. Recent criminal cartel investigations and the new prosecution guidelines are used to illustrate how the new law could be applied.

Contributions by Kingsley Napley Experts

8

Avoiding negligence in litigation
Avoiding negligence in litigation
Practice notes

This Practice Note, written in partnership with Jemma Brimblecombe of Kingsley Napley LLP, looks at some of the common ways in which negligence claims arise in solicitor/client relationships over the course of litigation matters. It offers practical tips on how to minimise the risks of claims arising in key areas such as the scope of the retainer, funding, delay and errors in advice.

Dealing with the Solicitors Regulation Authority
Dealing with the Solicitors Regulation Authority
Practice notes

This Practice Note, produced in partnership with Iain Miller and Jessica Clay of Kingsley Napley, covers the role, objectives, powers and enforcement strategy of the Solicitors Regulation Authority. It sets out the areas most likely to attract the SRA’s attention, common breaches and considers when and how to self-report to the SRA and what to do if the SRA starts an investigation.

Issues of privilege in cross-border criminal investigations
Issues of privilege in cross-border criminal investigations
Practice notes

This Practice Note explains the issues relating to legal professional privilege which arise in cross-border criminal investigations and the practical steps which should be taken to protect legal professional privilege.

Legal professional privilege in criminal proceedings
Legal professional privilege in criminal proceedings
Practice notes

This Practice Note explains how the principles of legal professional privilege (LPP) apply in a criminal context. It explains the different categories of legal professional privilege, legal advice privilege and litigation privilege, and how these key concepts apply in criminal investigations and proceedings. This Practice Note also considers the impact of the decisions in SFO v ENRC, HSE v Jukes and R (on the application of Jet2.Com Ltd) v CAA on the dominant purpose test in litigation privilege and legal advice privilege and what constitutes ‘reasonable prospect of litigation’ in litigation privilege in criminal investigations. It also considers the difference in the protections afforded by legal advice privilege as opposed to litigation privilege in criminal proceedings.

Maintaining privilege during criminal investigations
Maintaining privilege during criminal investigations
Practice notes

This Practice Note explains how legal professional privilege (LPP) can be maintained for clients during the course of a criminal investigation including during dawn raids, during regulator searches and during interviews under caution and compelled interviews. The steps to be taken during internal investigations to preserve privilege (legal advice privilege and litigation privilege) are highlighted and privilege issues to consider when advising and preparing internal investigation reports into suspected criminal breaches are also included.

Privilege against self-incrimination
Privilege against self-incrimination
Practice notes

This Practice Note explains the scope of privilege against self-incrimination. It covers when privilege against self-incrimination may be raised in criminal proceedings and inquests and the practical considerations when advising clients during criminal investigations, interviews and during criminal hearings.

Other Work
Privilege in criminal investigations—checklist
Privilege in criminal investigations—checklist

This Checklist explains the steps which should be considered in order to maintain legal professional privilege (LPP) during a criminal investigation. It includes issues relating to legal advice privilege and litigation privilege to consider at the outset of an internal investigation into suspected criminal offences as well as issues of legal privilege which might arise during an internal investigation including issues relating to document management, correspondence with legal representatives and instructions to/from, and communications with, third parties.

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