header-logo header-logo

Parallel proceedings: casting a long shadow

209431
Two sets of consequences for the same actions? Vanessa Reid examines guidance from the courts on criminal convictions & professional disciplinary cases
  • Regulated professionals facing a criminal investigation must also prepare themselves for the possibility of parallel professional disciplinary proceedings.
  • The High Court in Patel has provided updated guidance on the proper approach to sanctions in professional disciplinary cases based on criminal convictions for serious offences.
  • The decision should remind tribunals and regulators to bring back some flexibility and fairness to determinations on sanctions.

Becoming the subject of a criminal investigation is a difficult enough prospect on its own. For regulated professionals, however, the additional threat of a parallel professional disciplinary proceeding waits in the wings.

The High Court case of Professional Standards Authority for Health and Social Care v General Dental Council and Patel [2024] EWHC 243 (Admin) provided updated guidance on the proper approach to sanctions in professional disciplinary cases based on criminal convictions for serious offences. The decision in Patel provides

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll