Monday, 8 November 2010

UK: before the Supreme Court today

The Supreme Court hears argument today in Coke-Wallis v Institute of Chartered Accountants in England and Wales, an appeal from [2009] EWCA Civ 730. The Supreme Court's summary of the case - available here - describes the questions and facts as follows:

Whether the principles of autrefois acquit, res judicata or abuse of process should prevent the preferment of a disciplinary complaint based on conduct underlying a conviction, when a complaint based on the conviction has already been dismissed.

The appellant, a chartered accountant, was convicted in Jersey of an offence of failing to comply with a direction of the Jersey Financial Services Commission. He was then subject to disciplinary proceedings by the respondent [ICAEW] based on his conviction. When this complaint was dismissed by the disciplinary tribunal on the ground that there was no corresponding offence in England and Wales, a second complaint was preferred against the appellant, based on the conduct underlying the conviction".

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