Judge refuses to recuse herself over counsel link – Litigation Futures

Posted July 8th, 2020 in barristers, bias, judges, litigants in person, McKenzie friends, news, recusal by sally

‘A High Court judge has refused a request from a litigant in person to recuse herself from hearing a case where she had briefly supervised counsel for the defendants at her old chambers.’

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Litigation Futures, 8th July 2020

Source: www.litigationfutures.com

‘Against natural justice’: father to sue exams regulator over A-level grades system – The Guardian

‘Fears Ofqual’s Covid-19 method of adjusting marks in line with a school’s prior performance will penalise bright pupils.’

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The Guardian, 20th June 2020

Source: www.theguardian.com

UK police chiefs criticised for lack of action as race panel launched – The Guardian

Posted June 19th, 2020 in bias, equality, news, police, proportionality, race discrimination, racism by sally

‘An attempt by police chiefs to grapple with racism claims by launching a panel to recommend action has been criticised by victims’ representatives and met with scepticism from within their own ranks.’

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The Guardian, 18th June 2020

Source: www.theguardian.com

New Judgment: Serafin v Malkiewicz & Ors [2020] UKSC 23 – UKSC Blog

‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’

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UKSC Blog, 3rd June 2020

Source: ukscblog.com

“Hostile” judge harassed litigant in person, Supreme Court rules – Litigation Futures

‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’

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Litigation Futures, 3rd June 2020

Source: www.litigationfutures.com

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

QC says judge should have recused himself in school friend case – Litigation Futures

Posted May 18th, 2020 in barristers, bias, judges, news, recusal by sally

‘Leading QC Dinah Rose has questioned the decision of a judge not to recuse himself from hearing a case where he had been at school with the director of a defendant company more than 45 years ago.’

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Litigation Futures, 14th May 2020

Source: www.litigationfutures.com

Judge denies bias in favour of former school friend – Litigation Futures

Posted May 13th, 2020 in bias, disclosure, insolvency, judges, news, recusal by sally

‘A judge has rejected a recusal application on the grounds of apparent bias, based on him being in the same class at school as the director of a defendant company more than 45 years ago.’

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Litigation Futures, 13th May 2020

Source: www.litigationfutures.com

What does Manchester City’s Champions League ban have to do with human rights? – UK Human Rights Blog

Posted March 24th, 2020 in appeals, bias, disciplinary procedures, human rights, news, sport by sally

‘Last month European football’s governing body, UEFA, announced that English champions Manchester City had been fined 30 million Euros and banned from the Champions League – the most illustrious competition in European football. The Adjudicatory Chamber of UEFA’s Club Financial Control Body (CFCB) handed down a two-year ban on the basis that Man City had breached Financial Fair Play Regulations. The club have responded fiercely, complaining of a ‘prejudicial process’ and alleging that the case was ‘initiated by UEFA, prosecuted by UEFA and judged by UEFA.’ Against this background it is thought likely that City will rely on human rights arguments in their appeal to the Court of Arbitration for Sport (a somewhat ironic development in the view of some commentators given previous criticisms of the human rights records of the club’s backers).’

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UK Human Rights Blog, 23rd March 2020

Source: ukhumanrightsblog.com

Short shrift for bias and recusal submissions in police misconduct hearings – UK Police Law Blog

Posted February 27th, 2020 in bias, disciplinary procedures, news, police, recusal by tracey

‘In R (Short) v (1) Police Misconduct Tribunal (2) Chief Constable of Bedfordshire Police [2020] EWHC 385 (Admin), Mr Justice Saini delivered a resounding reaffirmation that misconduct hearing panels are well able to put irrelevant and prejudicial matters out of their minds rather than having to recuse themselves and that they are able to determine their own procedures, just like civil courts and tribunals.’

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UK Police Law Blog, 27th February 2020

Source: ukpolicelawblog.com

Is the prejudice of an investigating manager relevant to determining the propriety of a dismissal, even if the decision makers are not aware of and do not share that prejudice? – 12 King’s

‘In Cadent Gas Ltd v Singh [2019] UKEAT 0024/19/0810, the Employment Appeal Tribunal has considered whether the personal animus of a manager who had been heavily involved in a disciplinary investigation had tainted the dismissal process as a whole, even though the dismissing managers had not shared that animus. Furthermore, the EAT considered whether that manager’s prejudice towards the Claimant, informed by his trade union activities, could be attributed to the employer.’

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12 King's Bench Walk, 3rd January 2020

Source: www.12kbw.co.uk

Judge sues MoJ claiming racial discrimination – Law Society’s Gazette

Posted December 12th, 2019 in bias, harassment, judges, Ministry of Justice, news, race discrimination by tracey

‘A district judge is suing the Ministry of Justice and two supervising judges for unconscious bias, harassment, victimisation, micro-aggression and discrimination after a complaint was made against him by an appellant in one of his cases.’

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Law Society's Gazette, 11th December 2019

Source: www.lawgazette.co.uk

Mother claims judge’s ‘outdated views’ on sexual assault led him to rule against her in child custody battle – Daily Telegraph

Posted December 6th, 2019 in bias, children, custody, domestic violence, judges, news, rape by sally

‘A mother has claimed that a judge’s “outdated views” on sexual assault led him to rule against her after she accused a former partner of rape during a child custody case.’

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Daily Telegraph, 5th December 2019

Source: www.telegraph.co.uk

Employers are Liable for the Actions of Manipulators in Automatically Unfair Dismissals – Old Square Chambers

‘The EAT, presided over by the President, has in its judgment in Cadent Gas v Singh, set out four important matters in relation to dismissals for impermissible reasons including whistleblowing.’

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Old Square Chambers, 14th November 2019

Source: www.oldsquare.co.uk

High Court recuses “organ grinder” circuit judge – Legal Futures

Posted November 14th, 2019 in bias, case management, judges, news, recusal by tracey

‘The High Court has ordered the recusal of a circuit judge who used “intemperate language” and told a barrister that he expected to see “the organ grinder” appear at the next hearing of a case.’

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Legal Futures, 13th November 2019

Source: www.legalfutures.co.uk

High Court recuses “organ grinder” circuit judge – Legal Futures

Posted November 13th, 2019 in bias, delay, disclosure, documents, judges, news, professional conduct, recusal by sally

‘The High Court has ordered the recusal of a circuit judge who used “intemperate language” and told a barrister that he expected to see “the organ grinder” appear at the next hearing of a case.’

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Legal Futures, 13th November 2019

Source: www.legalfutures.co.uk

Expert “failed to provide objective opinion”, says High Court – Litigation Futures

Posted August 27th, 2019 in accountants, bias, evidence, expert witnesses, news by sally

‘An expert witness who said in oral evidence that he saw his role as presenting his side’s case “in the most favourable light” has been criticised by the High Court.’

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Litigation Futures, 27th August 2019

Source: www.litigationfutures.com

Homeowners beware – adjudication can catch you out – Practical Law: Construction Blog

‘For the litigators among you, it is also summer recess in the courts, which means there is often very little new to write about. Therefore, I was quite pleased to see Waksman J’s judgment in ICCT Ltd v Sylvein Pinto, which dates from earlier in the year but only recently became available. If you are unfamiliar with this judgment, it is certainly a case of “homeowners beware”.’

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Practical Law: Construction Blog, 14th August 2019

Source: constructionblog.practicallaw.com

Bias still hindering women targeting partnership at big firms – Legal Futures

Posted June 25th, 2019 in bias, bullying, diversity, harassment, law firms, news, partnerships, women by sally

‘Only 33% of new partners at Europe’s biggest law firms are women with bias from both male colleagues and male clients the main reason for gender imbalance, a report has found.’

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Legal Futures, 25th June 2019

Source: www.legalfutures.co.uk

Women lawyers face uphill struggle on fees and salaries – Legal Futures

Posted June 19th, 2019 in bias, equality, fees, legal profession, news, remuneration, reports, women by tracey

‘Some clients expect discounts on fees for using a female lawyer while women who push for higher salaries are likely to be labelled “aggressive”, a global survey by the Law Society has found. The report concluded that quotas could help to tackle inequality as there was “no real equality or meritocracy in the legal profession”.’

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Legal Futures, 19th June 2019

Source: www.legalfutures.co.uk