Is London still ahead of the game? – Counsel

‘Khawar Qureshi QC provides an overview of recent trends and issues relating to the arbitral process’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

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Student launches legal action against IPCC over CS spray incident – The Guardian

‘A university student who alleges he was assaulted by police during a demonstration has launched legal action against the Independent Police Complaints Commission.’

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The Guardian, 12th July 2016

Source: www.guardian.co.uk

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Once a Professional, Always a Professional – Littleton Chambers

‘Many professions, for example doctors, lawyers etc require individuals to register and maintain a practising certificate in order to practice. Others do not. This can be a key difference when it comes to considering the jurisdiction of their regulator.’

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Littleton Chambers, 7th June 2016

Source: www.littletonchambers.com

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Half of police officers facing gross misconduct charges quit force before case heard – The Guardian

‘Half of police officers facing gross misconduct investigations in the past two years resigned or retired before their cases were heard, figures show.’

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The Guardian, 4th July 2016

Source: www.guardian.co.uk

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Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin) – WLR Daily

Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin)

‘In August 2013 the appellant was engaged on an hourly paid fixed term contract as a lecturer by a further education establishment. In November 2013 he was suspended from work, pending the outcome of an internal investigation, following a complaint of alleged inappropriate behaviour by the appellant towards a part-time 17-year-old learner in his class. The appellant resigned before the conclusion of the internal disciplinary hearing. In May 2015 allegations of unacceptable professional conduct in relation to the complaint were formally referred to the National College for Teaching and Leadership (“NCTL”) on behalf of the Secretary of State for Education. At that time there was no evidence that the appellant was teaching or engaged to teach anywhere. In February 2016 a professional conduct panel of the NCTL found the appellant guilty of unacceptable professional conduct and recommended that the Secretary of State impose an indefinite prohibition order. The NCTL later became aware that the appellant had worked as a school teacher from January to March 2016, ceasing a few days before he received the prohibition order. ‘

WLR Daily, 29th June 2016

Source: www.iclr.co.uk

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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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