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Mother claims judge’s ‘outdated views’ on sexual assault led him to rule against her in child custody battle – Daily Telegraph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‘A mother has claimed that a judge’s “outdated views” on sexual assault led him to rule against her after she accused a former partner of rape during a child custody case.’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

Panel urges regulation of algorithms used in criminal justice system – Legal Futures

‘A year-long study of the use of computer algorithms in the criminal justice system has recommended creating a national register to bring openness, expose built-in biases, and ensure public trust.’

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Legal Futures, 5th June 2019

Source: www.legalfutures.co.uk

Police cuts could see rise in miscarriages of justice, says forensic expert – The Guardian

Posted May 30th, 2019 in bias, budgets, forensic science, miscarriage of justice, news, police by tracey

‘Austerity cuts in the police force could lead to an increase in miscarriages of justice, a leading forensic scientist has warned, as constraints on funding lead to in-house forensic teams performing more selective tests.’

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The Guardian, 29th May 2019

Source: www.theguardian.com

Appeal throws out Post Office bid to replace judge – Law Society’s Gazette

Posted May 15th, 2019 in appeals, bias, class actions, damages, judges, news, postal service, recusal by sally

‘In a scathing 17-page judgment, the Court of Appeal has thrown out an attempt by the Post Office to appeal a judge’s refusal to recuse himself from group litigation on the grounds of bias. Ruling in Post Office Limited v Alan Bates & Ors, the Rt. Hon. Lord Justice Coulson said that the recusal application ‘never had any substance and was rightly rejected by the judge’.’

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Law Society's Gazette, 14th May 2019

Source: www.lawgazette.co.uk

Judge dismisses application to recuse himself from Post Office trial – Law Society’s Gazette

Posted April 11th, 2019 in bias, judiciary, news, recusal by sally

‘The judge overseeing a group action against the Post Office has refused an application that he recuse himself from proceedings.’

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Law Society's Gazette, 9th April 2019

Source: www.lawgazette.co.uk

Black cab drivers lose High Court challenge against Uber’s London licence – The Independent

Posted February 27th, 2019 in bias, conflict of interest, judges, licensing, London, news, taxis by tracey

‘Black cab drivers have lost a High Court challenge against Uber’s London operating licence, after senior judges rejected their claims of bias.’

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The Independent, 26th February 2019

Source: www.independent.co.uk

Chief magistrate’s alleged bias toward Uber raised in court – The Guardian

Posted February 14th, 2019 in bias, conflict of interest, judges, licensing, news, taxis by sally

‘The alleged bias of the chief magistrate, Emma Arbuthnot, in permitting Uber to operate in London has been raised in a courtroom challenge.’

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The Guardian, 13th February 2019

Source: www.theguardian.com

Judges reject bias claim against Jewish housing association – The Guardian

Posted February 6th, 2019 in bias, equality, housing, Judaism, news, religious discrimination by tracey

‘A row about allocation of scarce housing could be heading for the court of appeal after judges rejected a claim that a housing association broke equality laws with its policy of providing homes only to Orthodox Jews.’

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The Guardian, 6th February 2019

Source: www.theguardian.com

UK police use of computer programs to predict crime sparks discrimination warning – The Guardian

‘The rapid growth in the use of computer programs to predict crime hotspots and people who are likely to reoffend risks locking discrimination into the criminal justice system, a report has warned.’

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The Guardian, 3rd February 2019

Source: www.theguardian.com

Judge who told barrister she “did not need to lie” was not biased – Litigation Futures

Posted January 16th, 2019 in barristers, bias, employment tribunals, news by sally

‘A judge who accused a barrister of telling a lie when she had misheard what was said did not give rise to a conclusion of apparent bias, the employment appeal tribunal has ruled.’

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Litigation Futures, 15th January 2019

Source: www.litigationfutures.com

Hillsborough disaster: David Duckenfield’s trial due to begin – BBC News

‘The manslaughter trial of the police officer in command during the Hillsborough disaster will begin later.’

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BBC News, 14th January 2018

Source: www.bbc.co.uk