The following Corporate Crime practice note Produced in partnership with Paul Renteurs of 2 Hare Court provides comprehensive and up to date legal information covering:
This Practice Note explains the practise and procedure for obtaining interim orders during the fitness to practise process of the Health and Care Professions Council (HCPC). Note that the regulation of social workers in England transferred from the HCPC to Social Work England on 2 December 2019, see: LNB News 02/12/2019 29.
The Investigating Committee, the Competence and Conduct Committee, and the Health Committee each have the power to impose interim orders. These are orders which take effect either before a final decision is made in relation to an allegation or pending an appeal against such a final decision.
A panel of the committee concerned may only make an interim order if it is satisfied that:
it is necessary for the protection of members of the public
it is otherwise in the public interest, or
it is in the interests of the registrant concerned
for that person's registration to be suspended or to be made subject to conditions.
An interim order may be either:
an Interim Conditions of Practice Order—which imposes conditions with which the registrant must comply for a particular period of time, or
an Interim Suspension Order—which directs the Registrar to suspend the registrant's registration for a particular period of time
An interim order has effect immediately and its duration should be set out in the order but it cannot last for more than
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.What is a Part 8 claim?A Part 8 claim is a claim
This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to settle; related criminal proceedings; an opportunity to
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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