Reprimand for barrister who encouraged client to seek out damaging information about fellow counsel – Legal Futures

‘A barrister who encouraged a client to search online for damaging information about another member of the Bar, and then told her to deny that he had done so, has been reprimanded by a Bar disciplinary tribunal.’

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Legal Futures, 27th July 2016

Source: www.legalfutures.co.uk

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LSB pushes for fully independent regulators to prevent professional bodies resisting reforms – Legal Futures

Posted July 22nd, 2016 in barristers, legal education, news, professional conduct, solicitors by sally

‘The Legal Services Board (LSB) has argued more strongly than ever that professional bodies, such as the Law Society and Bar Council, must be fully separated from their regulators.’

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Legal Futures, 22nd July 2016

Source: www.legalfutures.co.uk

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Re-launched Adjudication Scheme for Professional Negligence Claims: a good idea whose time has come? – Hardwicke Chambers

‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’

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Hardwicke Chambers, 29th June 2016

Source: www.hardwicke.co.uk

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Orgreave report ‘could prejudice Hillsborough inquiry’ – BBC News

‘A full report into allegations of police misconduct at the so-called Battle of Orgreave will not be made public, the Independent Police Complaints Commission has ruled.’

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BBC News, 12th July 2016

Source: www.bbc.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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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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Families hope for answers in Bristol review of hospital child deaths – The Guardian

‘The parents of young children who died on a controversial cardiac ward have spoken of their fears that they might not get the answers they crave ahead of the publication of an independent inquiry into their sons’ care.’

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The Guardian, 26th June 2016

Source: www.guardian.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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Big rise in complaints by solicitors against solicitors as “litigation tactics become tougher” – Litigation Futures

‘Complaints about misconduct made against solicitors by solicitors, barristers and other professionals have increased by a third in the past five years, it has emerged.’

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Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

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Hillsborough: the key lessons for our justice system – Law Society’s Gazette

‘What can lawyers learn from the tortuous 27-year struggle for justice?

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Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

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Fiduciary Duties, Football, and the Fundamental Importance of the Contractual Relationship – Sports Law Bulletin

‘Can a senior employee be ordered to pay back his past contractual remuneration to his employer as a remedy for breach of fiduciary duty, in particular a duty to confess his own wrongdoing? There has been an increasing trend over the past few years for employers, outraged at the belatedly discovered wrongdoing of a trusted senior employee, to not only seek to justify summary dismissal on the basis of after-discovered gross misconduct but also to go a step further and try to recover the salaries or bonuses already paid to the employee prior to discovery of the misconduct.’

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Sports Law Bulletin, 7th June 2016

Source: www.sportslawbulletin.org

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Singh v Secretary of State for the Home Department – WLR Daily

Posted June 8th, 2016 in appeals, bias, law reports, professional conduct, tribunals by sally

Singh v Secretary of State for the Home Department [2016] EWCA Civ 492

‘When a party seeks to appeal to the Upper Tribunal on the grounds that there had been bias or misconduct on the part of the First-tier Tribunal, the following guidance should be followed. (1) Any application for permission to appeal, if based (in whole or part) on such a ground, should be closely scrutinised. Such an allegation, if to be sufficient to merit the grant of permission at all, should ordinarily be expected to be properly particularised and appropriately evidenced. (2) If an allegation of bias or misconduct is raised which is adjudged sufficient to merit the grant of permission to appeal then it should be normal practice for the Upper Tribunal thereafter to obtain the written comments of the judge concerned. (3) Such written comments of the judge, where obtained, should be provided to the parties for the purposes of the appeal hearing in the Upper Tribunal. In addition, any such written comments should be retained on the file pending any possible further appeal to the Court of Appeal. (4) There may be some cases where it may be necessary to obtain the tribunal judge’s own note or record of the entire hearing since proceedings in the First-tier Tribunal are not ordinarily recorded and no transcript of the hearing will be available. (5) It will normally be likely to be of assistance to the Upper Tribunal to know what the advocate for the respondent has to say as to what happened or what was said before the First-tier Tribunal. Providing such observations is more likely to help produce a fuller and accurate picture of what actually happened or was said in the First-tier Tribunal. Where the advocate does not have a precise note or recollection, the Upper Tribunal can be told. (6) Whether oral evidence is needed at the hearing of the appeal on the issue of what happened or what was said below should be carefully considered by the parties. (7) It is likely to be important in appeals of this nature for the file to be reviewed and any directions given by an Upper Tribunal judge in good time before the substantive appeal hearing (para 53).’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

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IPCC criticises Sussex police over hooding of disabled 11-year-old girl – The Guardian

‘Sussex police have been strongly criticised by the force watchdog after an 11-year-old disabled girl was hooded, handcuffed and detained in custody for a total of more than 60 hours.’

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The Guardian, 8th June 2016

Source: www.guardian.co.uk

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Families call for ‘Hillsborough Law’ at home secretary meeting – BBC News

Posted June 3rd, 2016 in inquests, inquiries, news, police, professional conduct, sport by sally

‘Relatives of the 96 people who died at Hillsborough have told the home secretary they want a “Hillsborough Law” to compel public officials to tell the truth at inquiries.’

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BBC News, 2nd June 2016

Source: www.bbc.co.uk

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Hillsborough: 19 people refuse to help IPCC inquiry – The Guardian

‘Nineteen people have refused to assist an independent investigation into the role of West Midlands police after the Hillsborough disaster.’

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The Guardian, 2nd June 2016

Source: www.guardian.co.uk

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Families’ fury over ‘painfully slow’ progress after Winterbourne View scandal – Daily Telegraph

‘Families of the victims of the Winterbourne View care scandal have written to David Cameron accusing ministers of betrayal by leaving vulnerable disabled people at risk of abuse five years on.’

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Daily Telegraph, 31st May 2016

Source: www.telegraph.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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