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In practice as in life we regularly use language that we do not pause to define. For those who practise in the field of professional discipline, we speak of “professional misconduct”. Cast your eye down the list of the kinds of issues prosecuted by regulators and you will find a spectrum of offences from dishonesty down to the most technical or even footling breach of a professional code. Many regulators will assert that all of these are cases of “professional misconduct”. But if that is right, then we have systems of control that are based on strict liability where intent... Continue »