Lord ToulsonThe theme for the 2015 Disciplininary Conference was 'Trust'.
After a number of high profile issues and a general loss of confidence by the public in the professions and professionals we will be examining how the professions can regain and maintain the trust that was once held.
The keynote address in 2015 was given by Supreme Court Judge, Lord Toulson.
The Programme included:
Trust –Did We Ever Have It?
Trust is a word that we use every day but what does it mean? Does it have a single meaning and how do we know the sense in which it is being used? In the end we have to rely on context and trust we have it right!
Without doubt trust is at the heart of the relationships between the professions and those they serve. The practitioners in law, medicine, finance and the many others alongside the Institutes to which they belong require the nebulous trust; but how do we create it, how can we nourish it and maintain it? These and many other questions will be discussed by our distinguished speakers.
Meanwhile we daily read of ‘incidents’ which damage if not destroy trust. We used to use the rhetorical question ‘would you buy a second hand car from this person?’. Ultimately it is probably not a bad rule of thumb. In recent months we have had the fare dodger banned for life from working in the Regulated Financial World whilst we have had the court remove a blanket suspension and substitute one relating to the specific area of failing. The logic being that the breach did not affect the general ability to practice. But with the new ‘Duty of Candour’ will every potential patient have to be informed and if so for how long?
All these and many other questions are vitally important if the professions as we know them are to survive this century. However at the end of the day I suspect we will all know that Trust is vitally important but wonder what steps we can take to create it.
CPD - 5 Hours
Law Society of England & Wales CPD
Bar Council CPD
The 'Disciplinary Conference' is the premier conference dedicated to professionals working in the sphere of professional regulation.
Next year the conference will be on Friday February 10th, 2017 at the Millennium Hotel London Mayfair.
As well as the usual mix of regulatory updates and industry news the conference offers a unique opportunity to meet and trade experiences with fellow professionals.
Gareth Rees is Executive Counsel to the Conduct Division of the Financial Reporting Council.
The Financial Reporting Council is the UK’s independent regulator for promoting high quality corporate governance and reporting to foster investment.
Bar Standards Board Professional Conduct Committee
John Ellison was until recently a senior partner in KPMG and Chairman of KPMG Forensic. He was with KPMG for 38 years. He specialises in testifying on accounting and valuation issues in complex international cases. He has given oral evidence in over 35 cases in nine jurisdictions.
Increasingly his work has been in the field of international arbitrations, usually appointed by one party but sometimes by the Tribunal. In particular, John has been instructed in many state/investor disputes, including ICSID, UNCITRAL and ICC.
In addition to acting as an expert witness, John acts as an arbitrator under ICC or SCC auspices, or as an independent expert under sale and purchase agreements, to decide disputes. He is a member of the Appeal Committee of the ICAEW and a Lay Vice-Chair of the Professional Conduct Committee of the Bar Standards Board.
Lord Toulson was called to the Bar by The Honourable Society of the Inner Temple in 1969, after which he joined the Western Circuit. After working as a barrister for a number of years, he became a QC in 1986 and a bencher of Inner Temple in 1995. .
In 1996, Lord Toulson was promoted to the High Court of Justice in the Queen’s Bench Division. He was thereafter made the presiding judge on the Western Circuit, until being appointed in 2002 as the Chairman of the Law Commission of England and Wales.
Following his promotion to the Court of Appeal in 2007, Lord Toulson was also appointed as a member of the Privy Council and the Judicial Appointments Commission, the panel which is charged with selecting new judges in England and Wales.
In 2006 he co-authored a textbook on the English law of confidentiality with Charles Phipps, a colleague from his days at 4 New Square (the Chambers which Lord Toulson used to head).
Lord Toulson gave the leading High Court judgment in the widely reported ‘right to die’ joined cases of R (on the application of Nicklinson) v Ministry Of Justice; and R (on the application of AM) v Director of Public Prosecutions and Others  EWHC 2381 (Admin) (2012) PLLR 120. In the judgment he commented “Tony’s and Martin’s circumstances are deeply moving. Their desire to have control over the ending of their lives demands the most careful and sympathetic consideration, but there are also other important issues to consider. A decision to allow their claims would have consequences far beyond the present cases… It is not for the court to decide whether the law about assisted dying should be changed and, if so, what safeguards should be put in place. Under our system of government these are matters for Parliament to decide, representing society as a whole, after Parliamentary scrutiny, and not for the court on the facts of an individual case or cases.”
Michael Cohen is deeply involved in the world of Dispute Resolution. He is Director of The ADR Centre London, a Qualified Mediator, Chartered Arbitrator as well as an Insurance Expert.
As Chairman of The Academy of Experts he was responsible for the professional standards and training of Experts and Dispute Resolvers around the world. He is very much involved in the various reforms effecting Experts in different jurisdictions. He is a course director and a regular tutor as well as being an established contributor to professional journals and a frequent conference speaker. Like most of the tutors he has in excess of ten years experience working in Hong Kong.
Peter Watkin Jones is a partner at Eversheds. He leads the firm's Inquiries and Investigations practice.
Peter specialises in Fitness to Practice proceedings, having represented the General Medical Council for 7 years. He also acts in resolving commercial disputes, particularly in the public sector, where he is lead partner for our contentious work undertaken for the Welsh Assembly Government. He acted last year for the Dover Harbour Board in a public inquiry arising out of the setting of dues for ferry operators using Dover port.
Peter is currently leading a team of lawyers acting for the high profile and crucially important public inquiry chaired by Robert Francis QC into possible regulatory and commissioning shortcomings at the Mid Staffordshire Foundation Trust. This is an inquiry established by the government under the 2005 Inquiries Act, and was the quickest such inquiry on record, completing its evidence gathering and assessment within 12 months from start to finish. He is also currently acting for the Metropolitan Police Authority, and the Mayor's Office for Policing and Crime in the current Leveson "hacking" inquiry.
Peter and his team specialise in acting for public inquiries, and in managing, collating and assessing all evidence for such inquiries. Past major public inquiries include the Bloody Sunday Inquiry, where Peter led a team of over 30 lawyers for 7 years, and the Shipman Inquiry, where the team was 20 lawyers. Peter and his 20 strong team also acted for 4 years for Sir Michael Morland's public inquiry into the killing of Northern Ireland solicitor Rosemary Nelson. Peter has also acted for interested parties in Child Abuse inquiries, and in relation to e.coli outbreaks in schools. He has acted for the Children's Commissioner for Wales, and has conducted an investigation and reported on the need for reform in the area of school exclusions.
Peter has also advised the Government of Sudan on issues of international law arising out of the Darfur crisis, and the intervention of the International Criminal Court. He has acted for a past police commissioner in inquisitorial proceedings in Paris instigated at the behest of Mr Al Fayed, and arising out of the deaths of Princess Diana, and Dodi al Fayed. He has been trained by the International Criminal Law Bureau on the Special Tribunal for Lebanon.
Robert is an experienced advocate and employment lawyer, with particular expertise relating to TUPE, insolvency, partnership (including LLP), the exiting of senior executives and partners and issues concerning professional conduct.
Robert has much experience in the management and development of a growing business, having held the role of Managing Partner of the firm for six years, and being the current Senior Partner for four consecutive terms.
He is deputy vice president of The Law Society and is one of five representatives for the City of London constituency. He is also a member of the Law Society's Equality & Diversity committee.
As a past Secretary and President of Bristol Law Society and Secretary of the Association of South Western Law Societies, Robert has been and remains actively engaged in the debate around regulatory change in the legal profession
Robert is a trustee of a number of local and national charities, focusing on health care as well as the furthering the aspirations and ambitions of young people. He will be Chair of the Quartet Community Foundation effective from 15 October and with effect from 29 September 2014, a Deputy Lieutenant for the County and City of Bristol, an honorary title.
Rosalind Searle is Professor of Organisational Behaviour and Psychology at Coventry University and Co-founder and Head of Trust research at the Centre for Trust, Peace and Social Relations. She is an internationally acknowledged expert on trust in organizations.
As an active researchers and author of a number of chapters, books, special reports and journal articles, she focuses on the topics of organizational trust, especially HR processes, and the role of controls. She is interested in the issue of trust across a wide array of contexts, from company boards, through to different professions, and on to this issue amongst young people just starting their careers. Most recently she has examined in a CIPD sponsored study trust for public sector workers include among professionals, such as nursing, medicine, and social work.
Samantha PetersChief Executive and Registrar - General Optical Council
Samantha Peters is an experienced chief executive, with an MBA from Cass Business School. She has worked in the health sector for 11 years, leading the British Society of Rheumatology, and British Health Professionals in Rheumatology. In these roles and as Chief Executive of the British Youth Council, she has worked closely with an extended network of professionals and wider stakeholders, and has built robust policy, advisory and communications functions.
In addition to her full-time employed roles, Samantha has held a number of public interest posts focusing on delivering services and support for patients and the wider general public. In particular, she has been a trustee of Arthritis Care and of the Arthritis and Musculoskeletal Alliance.
ODR platform (Art. 14 of EU Regulation No 524/2013): ec.europa.eu/consumers/odr/