E v T, 1949 SLT 411
Citation: E v T, 1949 SLT 411
Rule of thumb: If you have been found liable for professional misconduct with a licensing body, are the Courts on appeal likely to overturn this? No, very unlikely because it is moral standards which should the same for everyone & not a law that has been broken – however if you can show that other people have done it & been let off with it then this could be a ground for saying it was unfair.
Judgment:
This is known as the ‘stigmatic’ test in licensing disciplinary matters – where there is certain conduct that may not be illegal technically, but draws scorn upon a sector, then this can be disciplined via the licensing board, ‘I shall not attempt to define professional misconduct. But if the statutory tribunal, composed as it always is of professional men of the highest repute and competence, stigmatise a course of professional conduct as misconduct, it seems to me that only strong grounds would justify this Court in condoning as innocent that which they committee have condemned as guilty’, Lord President Cooper
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.