1COR Resources 


Human Rights & Public Law Update 
Search Resources:
Advanced search



Our privacy policy explains how we use cookies. By using this site, we have assumed your agreement to their use.

Disciplinary Proceedings



The disciplinary panel which ordered the claimant's suspension did not fail the Gough test of impartiality since there was no real danger of bias

Argento v Italy

Judicial review proceedings brought by a doctor against the local health authority did not engage Article 6 since the issue concerned public sector employment.

Brabazon Drenning

A decision of the nursing regulatory panel was overturned where findings pursuant to disciplinary proceedings were made in breach of Article 6.


Disciplinary proceedings before the financial regulatory authorities did not constitute criminal proceedings for the purposes of Article 6 even though the consequence was sometimes suspension and a fine.


The absence of a power to terminate a suspension conditionally under the 1993 Professional Conduct Rules was not contrary to Article 1 of the first protocol.


Inclusion on a medical performers' list does not amount to a "possession" for the purposes of Protocol 1 Article 1 of the European Convention of Human Rights 1950. As such, the applicant's suspension from the performers' list was not an interference with the applicant's right to peaceful possession.


If professional regulatory tribunals were independent and impartial, both in fact and in appearance, they did not offend against the rules of natural justice or Article 6.


Advice given by the legal assessor to the Committee should be disclosed to the parties in order to afford the defendant the equality of arms required by Article 6

Ouendeno v France

Differently constituted panels of the national health authority fulfilled the requirements of independence under Article 6 even though they were under the authority of the Minister


Disclosure of the claimant's file to the Law Society did not offend Article 8 because it concerned his employment status rather than an aspect of his private or home life


The dual role of the President as preliminary screener and chairman of the professional conduct committee breached the requirement of independence under Article 6


The payment of a lower pension to Nepalese soldiers than to British soldiers in the British Army, and the restriction on married accommodation available to Gurkhas, did not breach the Claimants' Convention rights.

R (on the application of G) v The Governors of X School [2011] UKSC 30

Disciplinary proceedings before school governors did not engage Article 6


Disciplinary proceedings before the conduct committee would lead to a determination of the respondent's civil rights and obligations for the purposes of Article 6, because an order striking her name from the register would exclude her from certain nursing posts


A reprimand for inadequate professional services does not involve a "dispute" over an indvidual's "civil rights and obligations" for the purposes of Article 1 Protocol 1


Where a complaint is discontinued by the preliminary proceedings committee or the PCC of the GMC the complainant should have the opportunity to see the reasons for the discontinuance


The imposition on a doctor of a condition of practice requiring him to completely abstain from alcohol was not a breach of Article 8, nor was it, along with 13 other conditions, a breach of Protocol 1, Article 1, European Convention on Human Rights.


Copyright © 1998-2014  One Crown Office Row, Temple, London EC4Y 7HH
Web: www.1cor.com Tel: 020 7797 7500, Fax: 020 7797 7550
Information on this site is published subject to this disclaimer and privacy policy.

Website internet development system,
technical design and hosting by Enstar
Visual design by The Helm Creative