Testicle removal surgeon struck off – BBC News

Posted June 24th, 2016 in disciplinary procedures, doctors, news, professional conduct by tracey

‘A surgeon who tried to cover up the fact he had cut off a man’s testicle in error has been struck off.’

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BBC News, 23rd June 2016

Source: www.bbc.co.uk

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Bar Mutual ordered to reimburse barrister after withdrawing funding over panel firm dispute – Legal Futures

‘The Bar’s professional indemnity insurer has been ordered to reimburse a barrister after it withdrew funding for him to defend disciplinary proceedings because he wanted to appoint a non-panel solicitor.’

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Legal Futures, 24th June 2016

Source: www.legalfutures.co.uk

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Judge suing Ministry of Justice says he has been denied a fair hearing – The Guardian

‘A judge facing a disciplinary hearing has complained he is being denied a fair hearing because he has been told he cannot be legally represented or call witnesses.’

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The Guardian, 7th June 2016

Source: www.guardian.co.uk

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Regina (Bar Standards Board) v Disciplinary Tribunal of the Council of the Inns of Court – WLR Daily

Regina (Bar Standards Board) v Disciplinary Tribunal of the Council of the Inns of Court [2016] EWCA Civ 478

‘The Disciplinary Tribunal of the Council of the Inns of Court, having determined disciplinary proceedings in favour of a non-practising barrister who had represented herself at the hearing, ordered the Bar Standards Board to pay her costs and appointed an assessor to determine the amount. Treating the Civil Procedure Rules as persuasive, the assessor took the view that by reason of her status as a barrister and the fact that she had conducted the proceedings herself, the barrister had established financial loss sufficient to allow recovery of two thirds of the rate which a solicitor would have charged had CPR r 48.6 applied. He therefore assessed her costs in the sum of £27,521·50 for 166 hours of work, a figure not in dispute. The award included the costs of her time at the rate of £120 per hour. The board claimed judicial review of that decision, contending that the barrister was entitled to no more than that to which a litigant in person would have been entitled, and that the expenditure of her time and skill did not amount to financial loss within the meaning of CPR r 48.6(4)(a). The Divisional Court, allowing the claim in part, held that the correct basis of assessing costs was in accordance with regulation 31 of the board’s Disciplinary Tribunals Regulations 2009 as amended, namely, to award such costs as the tribunal thought fit, the Civil Procedure Rules being neither applicable nor persuasive, and the financial loss of a barrister acting in person defending disciplinary proceedings included the expenditure of the barrister’s own professional skill. The court therefore held that the barrister was entitled to the costs represented by her expenditure of professional skill in successfully defending the charges brought against her. The court concluded that an hourly rate of £120 was too high since she had not been practising at the time, and accordingly substituted an award of costs calculated at £60 per hour. The court further ordered the barrister, as an interested party in the proceedings,to pay 60% of the board’s costs of the judicial review proceedings.’

WLR Daily, 11th May 2016

Source: www.iclr.co.uk

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High Court rejects appeal from solicitor who “neither thought nor cared about” the rules – Legal Futures

‘The High Court has rejected an appeal against striking off from a solicitor who “neither thought nor cared about” the rules governing his profession.’

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Legal Futures, 31st May 2016

Source: www.legalfutures.co.uk

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Judges who viewed porn at work rebuked by SRA – Legal Futures

‘One of three judges removed from the bench last year for viewing pornography from a work computer, along with another who resigned before he was removed, have accepted rebukes from the Solicitors Regulation Authority for their conduct.’

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Legal Futures, 25th May 2016

Source: www.legalfutures.co.uk

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Doctor cleared of failing to tell cancer patient her condition was terminal – The Guardian

‘A doctor at the centre of sports doping allegations has been cleared of failing to tell a cancer patient her condition was terminal.’

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The Guardian, 24th May 2016

Source: www.guardian.co.uk

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High Court rejects Barnett’s appeal against strike-off – Legal Futures

‘The High Court has rejected an appeal by Richard Barnett, senior partner of collapsed conveyancing firm Barnetts, against his striking-off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 19th May 2016

Source: www.legalfutures.co.uk

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Tribunal “appalled and dismayed” by SRA’s approach to prosecuting solicitor – Legal Futures

Posted May 6th, 2016 in accounts, disciplinary procedures, news, solicitors, tribunals by tracey

‘The Solicitors Disciplinary Tribunal (SDT) has slammed a prosecution by the Solicitors Regulation Authority (SRA) in the strongest terms, saying it was “appalled and dismayed” that the regulator had asked it to “rubber stamp” a deal which saw charges of dishonesty dropped at the last minute after the solicitor involved admitted lesser allegations.’

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Legal Futures, 6th May 2016

Source: www.legalfutures.co.uk

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So Long(more): An end to the re-formulated Ghosh test for dishonesty in professional disciplinary cases? – 4 King’s Bench Walk

Posted April 27th, 2016 in appeals, disciplinary procedures, news, professional conduct by sally

‘In Hussain v GMC Lord Justice Longmore suggested the objective test for dishonesty in disciplinary proceedings should reflect the standards of members of the profession rather than the general public. That suggestion was taken up with varying degrees of enthusiasm by disciplinary panels, legal advisers and the courts. Andrew Granville Stafford argues that the recent Court of Appeal case of R v Hayes has effectively ended any need to apply the Longmore formulation.’

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4 King’s Bench Walk, 27th April 2016

Source: www.4kbw.co.uk

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Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

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Constance Briscoe disbarred after being jailed for lying – The Guardian

‘One of Britain’s most high-profile legal figures, Constance Briscoe, must be disbarred as a barrister after being jailed for lying to police during the Chris Huhne speeding scandal, a tribunal has said.’

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The Guardian, 15th April 2016

Source: www.guardian.co.uk

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NHS Christian worker loses appeal after ‘giving book to Muslim colleague’ – BBC News

‘A Christian health worker in the NHS has lost her appeal against a ruling which suspended her for giving a religious book to a Muslim colleague.’

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BBC News, 7th April 2016

Source: www.bbc.co.uk

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Lord chief justice intervenes in case of judge suing MoJ for race discrimination – The Guardian

‘The lord chief justice has personally intervened in the case of a judge who is suing the government for racial discrimination.’

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The Guardian, 7th April 2016

Source: www.guardian.co.uk

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NHS worker who gave Muslim colleague Christian book loses appeal against suspension – The Independent

‘A Christian NHS worker, who was suspended after giving a religious book to a Muslim colleague, has lost her appeal against a ruling that the decision was lawful.’

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The Independent, 8th April 2016

Source: www.independent.co.uk

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Joe Marler: World Rugby bans prop for ‘Gypsy boy’ comment at Samson Lee – BBC News

Posted April 6th, 2016 in disciplinary procedures, gipsies, news, racism, sport by tracey

‘England prop Joe Marler has been banned for two matches and fined £20,000 for calling Wales forward Samson Lee “Gypsy boy”.’

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BBC News, 5th April 2016

Source: www.bbc.co.uk

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de Menezes: No individual prosecutions, but an effective investigation – ECtHR – UK Human Rights Blog

‘This week, the mosaic shrine adorning the wall outside Stockwell underground station once again became the focal point for difficult questions surrounding the police response the terrorist attacks of 2005.’

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UK Human Rights Blog, 1st April 2016

Source: www.ukhumanrightsblog.com

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General Medical Council v Adeogba; General Medical Council v Visvardis – WLR Daily

Posted March 30th, 2016 in appeals, disciplinary procedures, doctors, law reports by sally

General Medical Council v Adeogba; General Medical Council v Visvardis [2016] EWCA Civ 162

‘In each of two cases, disciplinary proceedings were initiated by the General Medical Council (“the GMC”) against the respondent doctor. In neither case did the doctor concerned attend the disciplinary hearing. In the first case the doctor did not answer correspondence and did not attend the hearing because, knowing of the investigation and his time limited suspension, he left the United Kingdom and then failed to access the only means the GMC had to communicate with him. In the second case the doctor challenged the disciplinary process and refused to participate until his concerns had been addressed. Having considered the available evidence as to the reasons for non-attendance, in each case the separately constituted fitness to practise panel (“the panel”) determined to continue in the doctor’s absence under rule 31 of the General Medical Council (Fitness to Practise) Rules 2004 and, having examined and to some extent tested the evidence supporting the complaint, found the case proved in whole or in part. Both doctors were erased from the medical register. On appeal by the doctor in the first case, the judge, having admitted fresh evidence as to the reason for non-attendance, determined that the doctor could not have been aware of the hearing date and that the panel had been wrong to proceed in his absence. On appeal by the doctor in the second case, the judge found that there was no basis for the panel to conclude that the doctor would not attend in future if the matter were adjourned and had been wrong to proceed in his absence. In both cases, fresh hearings were ordered.’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

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What are the Legal Obligations on Sports Clubs Looking to Dismiss an Underperforming Manager? – Littleton Chambers

Posted March 22nd, 2016 in clubs, disciplinary procedures, employment, news, sport by sally

‘The performance of sports managers is a constant subject of discussion both in the media and amongst fans, with many holding strong views over whether an individual is properly performing in their role.’

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Littleton Chambers, 4th March 2016

Source: www.littletonchambers.com

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Former PCSO who raped child jailed for 11 years – The Guardian

‘A former police community support officer has been jailed for 11 years and four months after admitting raping a child and a bestiality offence.’

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The Guardian, 21st March 2016

Source: www.guardian.co.uk

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