News & Notices

ARDL Winter Bulletin 2019

ARDL Winter 2019 bulletin

Recruitment: The Bar Standards Board

Please see below Bar Standards Board vacancies:

Closing Date: 19 November 2019

Marion Simmons QC Essay Prize 2020

ASSOCIATION OF REGULATORY & DISCIPLINARY LAWYERS

Marion Simmons QC Prize 2020

ARDL is delighted to announce that the annual Marion Simmons QC prize is now open to entrants:

You are invited to submit an essay or article on a regulatory law or disciplinary law topic of your choice.

 

The first prize is £2,000, the second £1,000 and the third £500.

 

The competition was set up in memory of the late Marion Simmons QC, who sadly died on May 2, 2008, aged 59. Marion was a barrister, recorder, arbitrator and, latterly, chairman of the Competition Appeal Tribunal. Her areas of practice covered a wide range of financial and commercial law, including competition and regulation. Marion served on ARDL’s Committee for two years and was committed in her support of young lawyers.

 

Competition Terms and Conditions:

 

To be eligible, an entrant must fall into at least one of the following categories (subject to the discretion of the competition organisers to extend eligibility on a case by case basis as they see fit):

 

    • undergraduates or postgraduates in study at a recognised educational establishment in the United Kingdom;
    • trainee solicitors in the UK;
    • pupil barristers in the UK;
    • those training in the UK as part of a Chartered Institute of Legal Executives’ approved training programme;
    • solicitors who qualified in the UK and who have been so qualified for fewer than three years;
    • barristers called in the UK fewer than three years ago;
    • those who qualified with Cilex in the UK and who have been so qualified for fewer than three years;
    • those who are taking a period of up to sixteen months as a sabbatical or “gap year” within their undergraduate or postgraduate study or after such study and before starting a confirmed place as a pupil barrister in the UK, trainee solicitor in the UK or Cilex training in the UK. Entries must be no longer than 1,500 words (word count includes footnotes but excludes bibliography) and should be type-written in the English language. The judges’ decision will be final. Entries must be submitted so as to be received by 5pm on Friday 24 April 2020 by post or email to:
    • Nicole Curtis, Bates Wells Queen Street Place, London EC 4R 1BE; n.curtis@bateswells.co.uk

Recruitment: Case Presenter to join ACCA’s in-house Case Presentation Team

Please follow the below link for full details:

ACCA Case Presenter

ARDL Seminar: Confidentiality and disclosure in financial services and fraud investigations

Date: Thursday 17 October 2019

Venue: Irwin Mitchell, 40 Holborn Viaduct, Holborn, London EC1N 2PZ

Confidential documents produced or disclosed for the purposes of investigations conducted by financial services regulators and law enforcement agencies are increasingly the target of applications by third parties who have an interest in obtaining them (e.g. to pursue related civil litigation arising out of the subject matter of the investigation). How are the competing public interests of maintaining confidentiality and ensuring that disputes are decided on the basis of all relevant materials to be reconciled? The seminar will explore recent developments in the approach of the courts and whether the right balance is being struck. It will be of interest to practitioners who advise on investigations, to regulators and prosecutors and to anyone who acts in civil proceedings arising out of regulatory or criminal misconduct.

Speakers: Richard Lissack QC and Robin Barclay of Fountain Court Chambers

Chair: Richard Coleman QC, Fountain Court Chambers

Richard Lissack QC and Robin Barclay are leading practitioners in financial services and corporate crime. Richard Lissack QC’s practice includes international banking and financial services, anticorruption legislation/ Bribery Act, commercial fraud, health and safety, public inquiries and regulatory breaches. At present he is leading teams in the UK and internationally on several of the landmark banking/ regulatory/ criminal cases, including The London Whale, Barclays Capital Raising in Qatar, LIBOR, USB FOREX, ENRC v Dechert LLP, Conoco Phillips. Robin Barclay has a wide-ranging commercial practice specialising in international commercial, criminal and financial services fraud. He regularly appears as both leading or led counsel in the Commercial Court and Chancery Division; in judicial review proceedings in the Administrative Court; and in corporate, white collar and financial services enforcement investigations and prosecutions in the Crown Court or before regulatory/ disciplinary tribunals. As well as trials Robin routinely acts in pre-action and interim applications for or challenges to search orders/warrants, freezing/ restraint orders, disclosure/ production orders/notices, and confiscation and disqualification proceedings.

Time: Registration from 17:30; Seminar 18:00-19:00; Drinks and nibbles from 19:00

Email ARDL@kingsleynapley.co.uk to book your space.

BSB seeks panel for paid legal representation for tribunals and other hearings

The Bar Standards Board (BSB) is seeking applications from chambers or other authoised organisations specialising in regulatory and disciplinary law, for their new Tribunal Representation Panel (TRP).  Please follow the below link for further details, and please also see below application pack.

https://www.barstandardsboard.org.uk/media-centre/press-releases-and-news/bsb-seeks-panel-for-paid-legal-representation-for-tribunals-and-other-hearings/

Application pack

 

ARDL Seminar: Dishonesty and Integrity – How are they dealt with in regulatory proceedings?

 

Date: Tuesday 17th September 2019 at 5.00pm at Anderson Strathern offices, Edinburgh

Speakers: James Mulgrew, Solicitor Advocate; Graeme Watson, Partner, Clyde & Co

Chair: Jennifer Macdonald, Director of Regulation and Legal Services, General Teaching Council for Scotland

 

Overview  

Our fourth seminar in the ARDL Scotland Seminar Programme 2019 will look at how dishonesty and lack of integrity are charged, interpreted, prosecuted and defended in regulatory proceedings across the range of regulators. The case of Ivey v Genting Casinos [2017] UKSC 67 brought a new perspective on the way in which panels were to assess dishonesty, while the case of Wingate & Evans v the Solicitors Regulatory Authority [2018] EWCA Civ 366 gave focus to how a lack of integrity might be applied in professional regulation more widely. Our seminar will discuss what these cases and the subsequent related cases have meant for professional regulation, regulators and registrants. We’ll also look at the increase in the use of dishonesty and lack of integrity allegations and whether or not this has brought about a sliding scale of seriousness in terms of dishonesty and lack of integrity.    We’ll hear from those on the front line with the opportunity for the audience to join in a panel discussion and Q&A after the presentations.

 

Chair 

Jennifer Macdonald, GTC Scotland: As Director of Regulation and Legal Services, Jennifer is a member of the Corporate Management Team. She is responsible for drafting the various Rules, constitutional and other legal documents that GTC Scotland must have in place in terms of its governing legislation. Jennifer is also responsible for the team that supports the adjudication of fitness to teach cases.

 

Speakers 

James Mulgrew, Solicitor Advocate: James is an experienced Solicitor Advocate and regularly appears in the criminal courts. He brings a representative and also a legal adviser perspective to his professional regulatory work. James represents nurses before the conduct committees of the Nursing and Midwifery Council and also at Fatal Accident Inquiries. He sits as a legal adviser to the Fitness to Teach Panels of the General Teaching Council for Scotland.

Graeme Watson, Partner, Clyde & Co: Graeme acts for healthcare professionals, particularly doctors and dentists, in clinical negligence claims and before the regulators, including the MPTS and the GDC. His practice covers fatal accident inquiries and public inquiries. He undertakes judicial reviews arising from healthcare disputes. His disciplinary and regulatory practice extends to teachers, actuaries, accountants and other professions. He sits as a legal adviser to the disciplinary tribunal panels of the Institute and Faculty of Actuaries.

 

Registration & tea/ coffee: 5.00 pm – 5.30 pm

Seminar: 5.30 pm – 6.30 pm

Refreshments: 6.30 pm onwards

 

ARDL seminars qualify for CPD. Please remember to sign the relevant CPD sheets at the seminars.

International Conference of Legal Regulators

This year’s ICLR, is being hosted in Edinburgh by the Law Society of Scotland on 5th and 6th September 2019.  The conference programme, is extensive with more than 70 speakers from sixteen different nations, and over twenty different jurisdictions representing five different continents. It will be truly international and we hope that the programme, which is a mix of plenary and workshops, will inspire insightful peer-to-peer conversations amongst attendees.

 

ARDL members are being offered a preferential rate to attend the conference and ARDL members would be very welcome at the conference.  The rate is £325 + VAT.  Please email jamesmckay@lawscot.org.uk to book a place mentioning their ARDL membership.

ARDL Seminar: “The Role of the Legal Adviser and the Legally Qualified Chair – the same or different?”

Date: Thursday 13th June 2019 at 5.00pm at Anderson Strathern offices, Edinburgh

Speakers: Kay Springham QC, Robert Frazer, Advocate and Maree Allison, Director of Regulation at the Scottish Social services Council

Chair: Christine O’Neill, Partner, Brodies

 

Overview

In the third in the ARDL Scotland Seminar Programme 2019 we will look at role of those giving legal advice to professional disciplinary panels and discuss the responsibilities of the legal adviser as compared to the newer role of the legally qualified chair. The Scottish Social Services Council has been one of the first regulators in Scotland to introduce the legally qualified chair, following on from regulators such as the GMC who have already moved from the separate legal adviser to the legally qualified chair. What are the similarities and the differences? What is it like to be a legal adviser, advising and sitting in on the panel’s decision making? And how difficult is the combined role of both chairing and advising the panel? What does the law tell us about the role of the legal adviser? We’ll hear from those on the front line with the opportunity for the audience to join in a panel discussion and Q&A after the presentations.

Chair

Christine O’Neill: Christine is a Partner, Solicitor Advocate and also the Chairman of Brodies.  As well as being ranked by the legal directories as a Star Individual in Administrative & Public Law and acting for a wide range of clients, including the BBC, the Gambling Commission and the Scottish Courts and Tribunal Service, Christine is the first Solicitor Advocate to be appointed as First Standing Junior the Scottish Government.   Christine also has longstanding professional regulatory experience having sat as a legal adviser to the committees of the Scottish Social Services Council and acts for the Professional Standards Authority (PSA) in Scotland.  She has been involved in a number of key PSA appeals in Scotland, including PSA v NMC [2017] CSIH 29 and PSA v GDC [2016] CSIH 58.

Speakers

Kay Springham QC – Kay called at the Bar in 1999 and took silk in 2016. Kay was previously a Standing Junior to the Scottish Ministers and is on the A List for the preferred counsel for the Equalities and Human Rights Commission. Kay sits as a lawyer member on the board of the Scottish Legal Complaints Commission and sits as a legally qualified chair on the committees of the Scottish Social Services Council.

Robert Frazer, Advocate – Bobby called at the Bar following a career in private practice where he was a litigation partner at Drummond Miller. He is an experienced legal adviser, sitting with and advising panels across the regulatory sphere in Scotland and throughout the UK, including the Nursing & Midwifery Council, the General Teaching Council for Scotland, the Chartered Institute of Management Accountants and the Farriers Registration Council.   Robert’s interest in sport also sees him sit as a member of Cricket Scotland’s disciplinary panel.

Maree Allison – Maree is the Director of Regulation at the Scottish Social Services Council.  After an initial career in private practice, Maree joined the SSSC in 2010 as a solicitor and in recent years has overseen the transition of the regulatory function from a misconduct to a fitness to practise regime.  She has seen the SSSC’s register grow from initially registering social workers to now being responsible for registering and regulating over 200,000 social care workers in Scotland across care homes, children’s nurseries and many other local authority services.  The SSSC now has a significant in-house legal team. Most recently, Maree oversaw the move from legal advisers to legally qualified chairs at the SSSC.    

Date: Thursday 13th June 2019; Time: Registration & tea/coffee – 5.00pm; Seminar: 5.30pm – 6.30pm followed by refreshments; Venue: Anderson Strathern LLP, 1 Rutland Court, Edinburgh, EH3 8EL. ARDL seminars qualify for CPD. Please remember to sign the relevant CPD sheets at the seminars.

Social Work England – Partner Recruitment Drive

Every day, social workers support millions of people to improve their chances in life. Social Work England is a specialist body taking a new approach to regulating social workers in their vital roles.

Can you lend your expertise and help make a difference?

Social Work England is looking for partners who can offer their skills and knowledge for several days throughout the year to support their fitness to practice, education quality assurance, and registration functions.

The roles

Roles are available for:

  • Education and training quality inspectors, to approve and monitor social work education and training courses.
  • Panel members (adjudicators) and chairs for fitness to practise hearings.
  • Advisers to assess equivalency of qualifications and employment experience from applicants overseas.
  • Legal Advisers.

The offices are based in Sheffield, but applications from candidates across the UK are welcome.

If you would like to find out more please visit the recruitment campaign site https://partnersrecruitment.socialworkengland.org.uk/.

ARDL Seminar: “Which Standard of Proof in Regulatory Proceedings?”

Date: Wednesday 24th April 2019

Registration & Tea/ Coffee: 5.00 pm – 5.30 pm

Seminar: 5.30 pm – 6.30 pm

Refreshments: 6.30 pm onwards

 

Chair: Philip Yelland, Executive Director of Regulation, Law Society of Scotland

Speakers: Elaine Motion, Balfour +Manson, and Robert Carr, Anderson Strathern

 

Overview

The second in the ARDL Scotland Seminar Programme 2019 will look at the vexed question of whether or not there should be a single standard of proof in regulatory proceedings. Some professional regulatory bodies have moved from the criminal standard to the civil standard, while some have been using the civil standard since their inception and others remain on the criminal standard. What difference, if any, does the standard of proof make in disciplinary proceedings? What are the merits or otherwise of each standard in such proceedings? Are the consultations which have taken place in England & Wales and now underway in Scotland on the likely to lead to a change to the standard of proof for e.g. the Scottish Solicitors Discipline Tribunal? These questions and more will be discussed by our speakers, Elaine Motion who will speak on the merits of the criminal standard and Robert Carr who will discuss the benefits of the civil standard, and in the Q&A chaired by Philip Yelland which will follow.

 

Chair: Philip Yelland, Executive Director of Regulation at the Law Society of Scotland

Philip was a solicitor in private practice before joining the Law Society in 1992 as a Complaints Investigator becoming Head of the Complaints Team. In 2008 he became Director of Regulation and is now Executive Director of Regulation, working with the Regulatory Committee which oversees the regulatory work of the Society. He also has direct responsibility for the Professional Conduct, Financial Compliance and Interventions team.

 

Speakers: Elaine Motion, Partner, Balfour & Manson

Elaine has more than 25 years of experience in regulation acting in numerous roles including presenting, defending, legal advising and as a judge in a wide range of professional arenas. Elaine has direct experience of the operation of the criminal standard in professional regulatory proceedings, including historically at the NMC and as a Fiscal for Scottish Solicitors Disciplinary Tribunal. She was involved in ground-breaking cases such as McMahon v Law Society of Scotland and Tehrani v UKCC. Elaine will advocate for the criminal standard.

 

Robert Carr, Partner, Anderson Strathern

Robert is also a seasoned practitioner in professional regulation having been at the forefront of developments in the area for more than 25 years. Robert acts for and advises regulators and representative bodies, including the Scottish Social Services Council and the Royal College of Nursing. As well as having appeared before numerous disciplinary panels, he has often identified key areas of challenge and has been involved in appeals and judicial reviews in some of the leading caselaw in the field, including Tehrani v UKCC 2001 SC 58 and Smith v SSSC 2015 SLT (Sh Ct) 103. Robert will advocate for the civil standard.

 

ARDL seminars qualify for CPD.  Please remember to sign the relevant CPD sheets at the seminars.

ACCA Panel Member Recruitment

ACCA are recruiting for panel members and regulatory assessors to sit on our disciplinary and regulatory committees to provide the appropriate professional and lay input into our decision making.

From 1 April ACCA will commence recruitment for the following roles:

To apply, and to find out more, please visit www.accaglobal.com/panelrecruitment.  

The closing date for applying is Friday 26 April 12 pm (noon).

 

ARDL Annual Dinner: 5 July 2019

We’re delighted to announce the ARDL Annual Dinner 2019 will take place at The Guildhall,  London, on Friday 5th July and our guest speaker will be Sir Robert Francis QC.

Please see the links for further information and booking terms and conditions. Terms & Conditions ARDL Annual Dinner Notice 2019

ARDL Seminar – “Carillion: the fallout – Has the collapse of Carillion precipitated the death of audit as we know it?”

Date: 9 April 2019

Registration: 5.30 pm

Seminar Start Time: 6.00 pm

Venue: Blake Morgan LLP, 6 New Street Square, London, EC4A 3DJ

A seminar and discussion on the regulation of the audit profession following the collapse of Carillion and the publication of the Kingman and the CMA Reports.

Seminar Chair:

Gareth Rees QC

Gareth Rees QC was called to the bar in 1981 and appointed Queens Counsel in 2003. His main practice at the bar was in crime and fraud but he was also instructed in disciplinary and regulatory matters and chairs RFU Disciplinary Tribunals. In 2012 he was appointed Executive Counsel at the Financial Reporting Council with responsibility for investigating and prosecuting auditors, accountants and actuaries for misconduct affecting the UK public interest. Since November 2017 he has been a partner at King & Spalding in its Special Matters team undertaking corporate investigations and advising on criminal, regulatory and disciplinary issues.

Speakers:

Ben Hubble QC

Ben has longstanding experience in disciplinary proceedings against accountants and actuaries dating back to when, as a junior, he prosecuted the Chief Executives of Equitable Life. Ben has been involved in many of the FRC investigations and disciplinary proceedings of the past decade and most recently acted for the finance director in the Equity Red Star case. Ben is a past Chair of the Professional Negligence Bar Association. He is a Senior Decision Maker for the Guernsey Financial Services Commission.

Ben was nominated as the 2017 Chambers UK Bar Professional Discipline Silk of the yearand is highly ranked in the legal directories.

Philippa Hill

Philippa is a Partner in Grant Thornton’s Forensics team and is a Fellow of the ICAEW. She has specialised in accounting investigations and disputes since 2001, prior to which she was an auditor. She has particular experience advising on suspected accounting irregularities and misstatements, and the responsibilities and conduct of directors and auditors in this context, including regulatory and professional disciplinary inquiries. She investigated the role and conduct of auditors and corporate finance advisers to the ‘Phoenix Four��� directors of the MG Rover Group, and gave evidence for the Financial Reporting Council in its first contested tribunal hearing. She has advised on numerous other matters involving suspected accounting irregularities, corporate failures and financial misstatements, including Wickes plc, RBG Resources, the Presbyterian Mutual Society and Equity Red Star.

Philippa also acts as independent expert witness in High Court and arbitration cases, particularly in financial and accounting disputes such as fraudulent misrepresentation and breach of warranty claims, and as quantum expert in other breach of contract or breach of duty matters. She is a transactions disputes specialist and regularly advises parties to deals on negotiating and determining the final equity price in transactions, including expert determination of post-deal disputes.

Duncan Wiggetts

Duncan is Executive Director, Professional Standards at ICAEW.

Duncan qualified as a solicitor in 1992 after obtaining a LLB law degree from Nottingham University in 1989.  After spending an initial period of 10 years in legal private practice specialising in high value commercial disputes and independent investigation work, Duncan joined PwC in January 2001, initially as Director in the EMEA litigation team and subsequently becoming Senior Counsel to the Audit business of the PwC Eurofirms network in January 2005 and a partner in PwC Netherlands.

After leaving PwC in 2009 for another five years back in legal private practice, Duncan joined ICAEW in January 2014 as Director of the Professional Conduct department.  Duncan subsequently moved up to his current position in June 2016. Since 2005, Duncan has written six drama films highlighting dilemmas faced by accountants and directors including the ICAEW films “False Assurance” and “Without Question”.  Duncan’s films have been used in training, shown at events and screened in boardrooms all around the world.

A drinks and canapes reception will follow the seminar.   

 

Marion Simmons QC Essay Prize 2019

Marion Simmons QC Essay Prize 2019

ARDL is delighted to announce that the annual Marion Simmon QC essay prize is now open to entrants: ARDL 2019 Marion Simmons QC prize announcement

Competition Terms and Conditions:

To be eligible, an entrant must fall into at least one of the following categories (subject to the discretion of the competition organisers to extend eligibility on a case by case basis as they see fit):

• undergraduates or postgraduates in study at a recognised educational establishment in the United Kingdom;
• trainee solicitors in the UK;
• pupil barristers in the UK;
• those training in the UK as part of a Chartered Institute of Legal Executives’ approved training programme;
• solicitors who qualified in the UK and who have been so qualified for fewer than three years;
• barristers called in the UK fewer than three years ago;
• those who qualified with Cilex in the UK and who have been so qualified for fewer than three years;
• those who are taking a period of up to sixteen months as a sabbatical or “gap year” within their undergraduate or postgraduate study or after such study and before starting a confirmed place as a pupil barrister in the UK, trainee solicitor in the UK or Cilex training in the UK.

Entries must be no longer than 2,000 words (word count includes footnotes but excludes bibliography) and should be type-written in the English language. The judges’ decision will be final. Essays must be submitted so as to be received by 5pm on Friday 31 May 2019 by post or email to:

Nicole Curtis, Bates Wells Braithwaite, Queen Street Place, London EC 4R 1BE; n.curtis@bwbllp.com

ARDL Seminar – Telling patients the truth when something has gone wrong: the role of regulation in embedding candour among healthcre professionals

Date: 5 March 2019

This seminar will explore the barriers to professionals being candid, what means professional regulators have tried to embed candour among their registrants and thoughts on how a culture of candour can prevail in healthcare. The session will be based on the Professional Standards Authority’s recent research into candour and fitness to practise case studies.

 

Chair:

Paul Ozin QC, Chair of ARDL’s Seminar Committee and ARDL’s Vice-Chair

Paul Ozin QC specialises principally in the fields of financial and business crime, regulatory and disciplinary proceedings and related public law and civil actions. He is an established writer and speaker in those fields. He is consistently ranked in the leading legal directories in both regulatory and financial crime categories. He leads the 23 Essex Street Regulatory and Disciplinary team.

 

Speakers:

Christine Braithwaite, Director of Standards and Policy, Professional Standards Authority

Christine Braithwaite is Director of Standards and Policy at the PSA. She leads the team responsible for providing advice on regulation, setting standards, developing research and encouraging learning and debate. She is also the PSA’s external relations lead.

Christine has previously worked as Head of Investigations and Enforcement at the Care Quality Commission and headed the Healthcare Commission’s healthcare infection inspection programme. She also worked for the Parliamentary and Health Service Ombudsman. She holds a masters in law.

Christine is currently a member of a research and ethics committee for the Health Research Authority and sits as a lay panel member on the Bar Standards Board’s professional conduct committee.

 

Michael Warren, Policy Adviser, Professional Standards Authority

Michael Warren is a Policy Advisor at the Professional Standards Authority. At the Authority he has worked on a variety policy projects from fitness to practise allegation categorisation to the influence of regulation on professional identity. He also assisted Harry Cayton in his recent inquiry of the College of Dental Surgeons of British Columbia for the Minster of Health of British Columbia. He was previously a Management Consultant at Accenture in the Health and Public Service and Project Co-ordinator at the All-Party Parliamentary Group for Health.

 

Timings:

Registration: 5.30 pm

Seminar: 6.00 pm

A drinks and canapes reception will follow the seminar.

 

We hope you can make it.
Association of Regulatory & Disciplinary Lawyers

ARDL Scotland Seminar Programme 2019

Please use the following link for a list of upcoming seminars this year in Scotland: ARDL Scotland Seminar Programme

Manchester Supper Seminar: Is Dishonesty More Serious Than Homicide?

Date:   5 February 2019

Venue:   Tattu Restaurant and Bar, Gartside Street, 3 Hardman Square, Spinningfields, M3 3EB

Speaker:   Robert Lazarus, of 39 Essex Chambers

 

Timings:

Registration:   5.30 pm

Seminar:   6.00 pm

Drinks & Small Plate Food:   7.00pm

 

Overview:

We are delighted to welcome Robert Lazarus, of 39 Essex Chambers, as our speaker for the first Manchester Supper Seminar of 2019.  Join us for a really interesting topic and what is sure to be a lively debate.

Prior to being called to the Bar, Robert practised medicine up to the level of an NHS Consultant.  He also worked for the Medical Protection Society.  Robert Lazarus practises in the areas of professional discipline, clinical negligence, serious medical treatment and personal injury.  He is also instructed in relation to inquests, professional negligence, product liability and insurance law.  In respect of his professional disciplinary practice, Robert is regularly instructed by a range of healthcare and other professionals.  He has appeared before the majority of statutory healthcare regulators. He also has experience of the Solicitors Disciplinary Tribunal, the Architects Registration Board, the Royal College of Veterinary Surgeons and the Gangmasters and Labour Abuse Authority.

Robert sits in a number of jurisdictions, including as a Recorder (Crime and Civil) and as a Chair of the Police Appeals Tribunal.

Junior ARDL Round Table Event – Skills and Knowledge For Onward Progression

Date:   24 January 2019

Venue:   23 Essex Street Chambers, London, WC2R 3AA

Format:   Round-table expert led discussion

Chair:   Gary Burton, Junior ARDL

 

Timings:

Time: 5:30pm registration

Seminar: 6:15pm – 7:15pm

Refreshments: canapés, tea/coffee, wine, beer and soft drinks – 7:15pm

 

Overview:

Junior ARDL is continuing its regular series of seminars to provide those who are less than 10 years qualified with opportunities to develop essential skills in regulatory proceedings.

This event will take the format of a series of ‘topic tables’, each one chaired by a senior practitioner, with the evening covering a range of topics including:

Do’s and don’t’s from a panel member’s perspective

 Vulnerable witnesses and registrants

 Lawyer to Leader

 The role of the Legally Qualified Chair

 Witness Handling: calling and challenging expert evidence

 Navigating your Successful Journey to Judicial Appointment

 Our senior speakers who will chair the tables and lead the discussions are:

 

Robert Slack has been a member of the Solicitors Discipline Tribunal since 2009. He is currently on the Lay Member Qualifications Committee and Bar Standards Board. Robert was previously a Council Member, screener and member of Fitness to Practise Committee, General Medical Council (1999-2008); Chair of Professional Behaviour Committee (2006-2008) and Investigating Officer for Medical and Dental Undergraduate Fitness to Practise, Bristol University (2008-2013); Examiner, Royal College of Surgeons; Consultant ENT Surgeon.

 

Rachel Birks is a partner in the Regulatory Team at Ward Hadaway and has specialised in Regulatory Law and Professional Discipline for the last 16 years. She sits as a Legally Qualified Chair at the Medical Practitioners Tribunal Service, is a member of the ARDL committee and is part of the Assurance Team at St John Ambulance.

 

Manjula Bray is a motivated business psychologist, facilitator, consultant and executive/career coach. Manjula communicates credibly and effectively to enhance people performance at an individual and organisational level. Manjula has worked in partnership in a range of sectors and organisations.

 

Nimi Bruce was called to the Bar in September 1999 and practised for 7 years at the Criminal Bar, undertaking prosecution and defence work in the Crown Court. After Nimi left the Criminal Bar she worked in house for the General Medical Council preparing and presenting cases before fitness to practise panels, with an emphasis on advocacy work. At Capsticks Nimi undertakes fitness to practise work for a variety of regulators, including the GPhC, GDC, GCC, GOsC and SRA. As well as overseeing all aspects of investigatory casework, Nimi also regularly appears before a variety of different committees and panels, prosecuting regulatory cases including sexual misconduct cases, complex frauds and serious cases of deficient professional performance.

 

Leanne Wild is a Leadership Coach who works with accomplished lawyers and business leaders to expand their impact and ability both personally and professionally. She is also a trainer for the International Coaching School iPEC (Institute for Professional Development in Coaching) and she is the co-founder of WELead events.

 

Kate Lumdson QC practises principally in crime but undertakes regulatory and quasi criminal work. She took silk in 2018. She has dealt with experts in a variety of disciplines both in chief and cross-examination.

 

ARDL Seminars qualify for CPD.  Please remember to sign the relevant CPD sheets at the seminars.

ARDL Seminar: “Has the relationship between Regulators and the Courts changed?” touching on GMC v Bawa Garba and SRA v Day

Date:   23 January 2019

Venue:   Blake Morgan LLP, 6 New Street Square, London, EC4A 3DJ

Timings:

Registration: 5.30 pm

Seminar: 6.00 pm

Speakers:

Vikram Sachdeva QC: who will address the issues arising from the Bawa Gaba case.

James Ramsden QC: who will address the issues arising from the Leigh Day case.

Chair:

The Rt. Hon. Lord Dyson (former Master of the Rolls and former Justice of the Supreme Court of the United Kingdom)

ARDL Winter Bulletin 2018

ARDL Winter Bulletin

ARDL Seminar: Legal Professional Privilege in Regulatory Investigations and Proceedings

Venue: Clyde & Co, The St Botolph Building, 138 Houndsditch, London EC3A 7AR

Registration: 5.30pm

Seminar: 6.00pm

Speakers: Bankim Thanki QC and Tamara Oppenheimer of Fountain Court Chambers

Chair: Richard Coleman QC of Fountain Court Chambers

 

The speakers will discuss:

  • Key conclusions and implications of Serious Fraud Office v ENRC (both speakers appeared for ENRC in the Court of Appeal)
  • How to try to conduct an internal investigation whilst preserving privilege

 

About the speakers:

Bankim Thanki QC and Tamara Oppenheimer are respectively editor and co-author of Thanki, The Law of Privilege published by Oxford University Press (now in its third edition) and between them have appeared in some of the leading cases on privilege (ENRC v SFO, Three Rivers, Prudential and Gotha City v Sotheby’s). They frequently advise on privilege issues arising in connection with regulatory and criminal investigations, as well as in civil and criminal proceedings. Recognised as one of the pre-eminent Silks practising at the English Commercial Bar, Bankim has acted in a number of major investigations and inquiries including for the Bank in England in Three Rivers, for the Phoenix Four in the disciplinary proceedings brought by the Financial Reporting Council following the collapse of MG Rover and for the Central Bank of Trinadad & Tobago in the public inquiry into the collapse of Colonial Life Insurance. Tamara is an eminent junior with a broad commercial and civil practice who is highly recommended in the directories for commercial dispute resolution, banking and finance, professional negligence and aviation. Both Bankim and Tamara advised Barclays Bank in connection with the SFO investigation into the 2008 Qatar capital raise.

Email ARDL@kingsleynapley.co.uk to book your space

ARDL Manchester Supper Seminar

Thursday 6 September 2018

Professional Discipline Case Law Update Sponsored by Ward Hadaway

 

Venue:

Ward Hadaway, The Observatory, Chapel Walks, Manchester, M2 1HL

 

Time:

5.30 Registration and drinks

6.00-6.45 Seminar

6.45-8.00 Drinks and a hot supper prepared by Sam’s Chop House

 

The Manchester ARDL Supper Seminar Series continues in September with an update on recent professional disciplines cases delivered by four Manchester based regulatory practitioners who specialise in professional discipline.

 

Speakers:

 

Rachel Birks, Ward Hadaway

Rachel is a Partner in the regulatory team at Ward Hadaway, specialising in professional regulation and public law.   She also sits as a Legally Qualified Chair at the Medical Practitioners Tribunal Service. Rachel  advises both regulators and those who are regulated primarily in the fields of healthcare, social care, childcare and has worked in the sector for 15 years.  Rachel  is a member of the ARDL Committee and Seminar Sub-committee.

 

Clare Chapman, BLM

Clare is a Partner at BLM.  She qualified in 2000 and has practised in regulatory law since 2001.  She advises and represents members of the healthcare professions in regulatory, disciplinary and criminal investigations, inquests and public inquiries.   Clare is a member of the ARDL Committee.

 

Rachel Cooper, CMS Cameron, McKenna, Nabarro Olswang LLP,

Rachel is a Partner at CMS and since 2006 has specialised in professional disciplinary and regulatory law. Rachel acts for both the regulators and regulated individuals in disciplinary proceedings. Rachel is a former member of the ARDL Committee.

 

Joanna Shaw, General Medical Council

Joanna is a Senior Policy Lawyer at the General Medical Council, based in Manchester. She has  over 12 years’ experience acting for a number of regulatory bodies in the health and social care, legal and electoral/political fields. She has been working in an in-house capacity for the General Medical Council since 2013, providing advice on the development and implementation of policy and legal change. Joanna is a member of the ARDL Committee.

Junior ARDL Seminar: Key Topics in Regulatory & Disciplinary Proceedings

Date: Monday 11 June 2018
Venue: Weightmans LLP, Hardman Square, No 1 Spinningfields, Manchester M3 3EB
Format: Round-table expert led discussions
Chair: Joanne Harrison, Junior ARDL

 

Overview

Junior ARDL is continuing its regular series of seminars to provide those who are less than 10 years qualified with opportunities to develop essential skills in regulatory proceedings.

This event will take the format of a series of ‘topic tables’, each one chaired by a senior practitioner, with the evening covering a range of topics including:

 

The GMC’s right of appeal under s40A Medical Act 1983 – experience to date’

 ‘Characteristics of First-Tier Tribunal Advocacy’

‘The different healthcare regulators – what does it take to be struck off?’

‘Character (good and bad) at stage 1. Time to start applying basic principles?’

‘Wingate and Evans v SRA, the evolution of the mental element’

Our senior speakers who will chair the tables and lead the discussions are:

Jim Percival, GMC (https://www.linkedin.com/in/jim-percival-35641824)

Tim Grey, 23 Essex Street https://www.23es.com/people/tim-grey/

David Pojur, St Johns Buildings http://stjohnsbuildings.com/people/david-pojur

Rachel Birks, Ward Hadaway https://www.wardhadaway.com/lawyers/rachel-birks/

Robin Kitching, Deans Court Chambers https://deanscourt.co.uk/our-barristers/robin-kitching

 

Event details

Date: Monday 11 June 2018
Time: 6.00pm Registration followed by canapes & drinks
Seminar: 6.30pm – 7.30pm;

Refreshments: tea/coffee, wine, beer and soft drinks – 7.30pm
Venue: Weightmans Manchester https://www.weightmans.com/contact/manchester/

ARDL seminars qualify for CPD. Please remember to sign the relevant CPD sheets at the seminars.

 

ARDL Seminar: Dishonesty & Integrity post-Ivey and Evans and Wingate

Date: 14 June 2018

Venue: Blake Morgan LLP, 6 New Street Square, London, EC4A 3DJ

Speakers: Richard Coleman QC, of Fountain Court Chambers, and Paul Ozin QC, of 23 Essex Street

Overview

ARDL’s Seminar series continues with an update and reflections on the legal landscape following in the wake of the two recent landmark decisions in this area: the Supreme Court’s decision in Ivey v Genting Casinos (UK) on the test for dishonesty and the Court of Appeal Civil Division’s decision in Wingate & Evans v SRA; SRA v Malins on the test for integrity in SRA proceedings. We are delighted to have two of the leading practitioners in the field of professional discipline discussing this topic at our event.

Speakers – Our speakers have both spoken for us on a number of occasions, on the law relating to dishonesty/ integrity directions as the law has rapidly developed in recent years.

Richard Coleman QC, Fountain Court, is a leading practitioner in the fields of commercial dispute resolution, banking, financial services and professional discipline. He represented the SRA in Wingate & Evans v SRA; SRA v Malins. https://www.fountaincourt.co.uk/people/richard-coleman/

Paul Ozin QC, 23 Essex Street, is a leading practitioner in financial and business crime, regulatory and disciplinary proceedings and related public law and civil actions. He has written and presented widely on this topic, most recently at his seminar for the ARDL Manchester Supper Club. https://www.23es.com/people/paul-ozin-qc/

 

Timings:

6.00 pm: Registration/tea/coffee

6.30 pm – 7.30 pm: Seminar

7.30 pm: Drinks and canapés

 

Share this event on Facebook and Twitter. We hope you can make it.

Association of Regulatory & Disciplinary Lawyers

ICAEW Position

Disciplinary Tribunal Chairs (legally qualified)

ICAEW is a world leading professional membership organisation that promotes, develops and supports more than 149,000 members worldwide. ICAEW members are expected to act in accordance with all laws and regulations and to meet the highest ethical and technical standards. We are seeking to appoint at least two legally qualified Tribunal Chairs from June 2018 for an initial term of three years. As well as chairing tribunals and ensuring that they adhere to the Disciplinary Committee regulations, the Chair will be expected to determine any legal issues which arise in the course of tribunal hearings and to draft the formal Record of Decision for agreement with the other tribunal members. Further details are available via this link https://www.icaew.com/en/about-icaew/vacancies and in the latest issue of Counsel magazine.

ARDL Winter Bulletin 2018

Please see attached ARDL Winter 2018 bulletin: Winter 2018 Bulletin

ARDL Seminar Programme and Membership renewal 2018

We’ve launched our 2018 Seminar Programme with seminars across the UK and our annual membership in now open. Please see the attached for more information:

2018 Seminar Programme
Membership renewal notice

NMC Position

Do you want to work at the heart of public protection?

The Nursing and Midwifery Council are looking to recruit two new regulatory policy lawyers to join their General Counsel team. The roles have been created to provide legal advice and support to the Registration & Revalidation and Education, Standards and Policy Directorates on a wide range of new initiatives and programmes including the new Nursing Associate role, modernising the standards for education and training for nurses and midwives, and improving our registration processes.
To find out more please visit: https://www.nmc.org.uk/about-us/working-for-us/lawyer–regulatory-policy/. Closing date is midday on 7 February 2018.

ARDL’s Autumn Bulletin

Please follow the link for ARDL’s Autumn Bulletin 2017:

Autumn Bulletin 2017