A disciplinary conduct board is not required to have the final version of a charge with particulars before it when determining to lay a charge; it is sufficient to resolve to lay a charge alleging a particular species of misconduct. Non-compliance with tribunal procedural rules regarding the form of charges is not necessarily an essential precondition to validity under the Project Blue Sky framework. Time for judicial review of tribunal decisions runs from the date of the impugned decision, not from the date the applicant discovers the alleged error. Where a practitioner has had multiple opportunities to challenge disciplinary findings and has not sought out available evidence, the principle of finality will prevail against reopening perfected orders.
The full text is available to signed-in members.