A very English scandal – New Law Journal

Posted June 25th, 2018 in bias, conspiracy, judges, murder, news, trials, witnesses by sally

‘Alec Samuels shares his reflections on the legal significance of the Jeremy Thorpe case.’

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New Law Journal, 21st June 2018

Source: www.newlawjournal.co.uk

No point complaining about a barrister’s conduct to head of chambers or BSB, says judge – Legal Futures

Posted June 1st, 2018 in barristers, bias, complaints, judges, news by sally

‘Complaining about a barrister’s conduct in a written ruling is usually a better way of a judge highlighting concerns than contacting their head of chambers or regulator, the Employment Appeal Tribunal has said.’

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Legal Futures, 1st June 2018

Source: www.legalfutures.co.uk

Court of appeal finds arbitrator in Deepwater Horizon case not biased – Practical Law: Construction Blog

Posted May 2nd, 2018 in appeals, arbitration, bias, news by tracey

‘Section 33 of the Arbitration Act 1996 imposes a duty on arbitrators to “act fairly and impartially as between the parties” and section 24(1)(a) provides that the court has the power to remove an arbitrator if circumstances exist that “give rise to justifiable doubts as to his impartiality”. This week I’m looking at the Court of Appeal’s decision in Halliburton Company v Chubb Bermuda Insurance Ltd and others, where the court had to decide whether an arbitrator should be removed under section 24 in circumstances where he had accepted multiple appointments in overlapping cases without telling the parties’

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Practical Law: Construction Blog, 1st May 2018

Source: constructionblog.practicallaw.com

Arbitrator appointed on multiple related cases was not biased, court finds – OUT-LAW.com

Posted April 25th, 2018 in arbitration, bias, news by sally

‘The English and Welsh Court of Appeal (CoA) has dismissed a claim that an arbitrator who accepted multiple appointments from one party in an arbitration would be biased as a result.’

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OUT-LAW.com, 24th April 2018

Source: www.out-law.com

“I’m forever blowing bubbles” but I’m biased! – Practical Law: Construction Blog

Posted April 10th, 2018 in bias, construction industry, judiciary, news, recusal by tracey

‘Bias and apparent bias is a subject that has cropped up many times on this blog, whether it was an adjudicator “phoning a friend“, an arbitrator (allegedly) being appointed too many times by the same referring party (although that isn’t one of mine!) or a judge getting upset over his lost luggage (who wouldn’t be?). It seems anyone involved in court or tribunal work is vulnerable to an accusation of it. Therefore, it should come as no surprise that I’m commenting on another example of behaviour that gives rises to the charge.’

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Practical Law: Construction Blog, 10th April 2018

Source: constructionblog.practicallaw.com

CA strongly criticises judge for private meeting with one party’s counsel – Litigation Futures

Posted March 22nd, 2018 in appeals, bias, judges, news, recusal by sally

‘A circuit judge was wrong to have a private conversation with one party’s counsel during the trial, but his actions did not amount of apparent bias, the Court of Appeal has ruled.’

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Litigation Futures, 22nd March 2018

Source: www.litigationfutures.com

Judge dismisses challenge to removal of foster carer from approved list – Local Government Lawyer

Posted March 21st, 2018 in bias, fostering, local government, news by tracey

‘Liverpool City Council acted properly when it removed a foster carer from its approved list, a High Court judge has decided.’

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Local Government Lawyer, 20th March 2018

Source: www.localgovernmentlawyer.co.uk

Appeal court rejects apparent bias claim over judge’s private meeting – Law Society’s Gazette

Posted March 15th, 2018 in appeals, bias, judges, news, recusal by tracey

‘A trial judge was right not to recuse himself from a dispute over building work despite meeting one party’s advocate in private and discussing elements of the case, the Court of Appeal has ruled.’

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Law Society's Gazette, 15th March 2018

Source: www.lawgazette.co.uk

Judicial review or internal appeal against bias? – UK Police Law Blog

Posted March 9th, 2018 in appeals, bias, judicial review, news, police, recusal, tribunals, Uncategorized by tracey

‘Where a police officer makes an unsuccessful application for a panel to recuse itself on the grounds of perceived (or actual) bias, can he apply for judicial review of the decision before exhausting his ‘internal’ right of appeal (under rule 4(4)(c) of the Police Appeals Tribunal Rules 2012)?’

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UK Police Law Blog, 9th March 2018

Source: ukpolicelawblog.com

Law firm diversity “blocked by unconscious bias” – Legal Futures

Posted November 22nd, 2017 in bias, diversity, law firms, news, reports by sally

‘Unconscious bias in legal businesses is hampering their success, inhibiting a diverse and inclusive sector, and damaging the experience of women and minorities in the workplace, according to a report.’

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Legal Futures, 22nd November 2017

Source: www.legalfutures.co.uk

Defendant nationality declarations ‘offensive’ – Law Society’s Gazette

Posted November 17th, 2017 in bias, citizenship, immigration, magistrates, news by tracey

‘Making defendants in criminal proceedings declare their nationality is “offensive and objectionable”, the former president of the London Criminal Courts Solicitors’ Association (LCCSA) has said.’

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Law Society's Gazette, 16th November 2017

Source: www.lawgazette.co.uk

Defendants must reveal nationality in magistrates courts – The Guardian

Posted November 10th, 2017 in bias, citizenship, immigration, magistrates, news by tracey

‘Defendants will have to disclose their nationality at their first appearance before magistrates in England and Wales from next week under powers that human rights groups say will undermine the right to a fair trial.’

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The Guardian, 9th November 2017

Source: www.theguardian.com

Lammy review: final report – Official Publications

Posted September 8th, 2017 in bias, criminal justice, minorities, prosecutions, race discrimination, reports by tracey

‘An independent review into the treatment of, and outcomes for Black, Asian and Minority Ethnic individuals in the criminal justice system.’

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Official Publications, 8th September 2017

Source: www.gov.uk/government/publications

Exposed: ‘racial bias’ in British criminal justice system – The Guardian

Posted September 8th, 2017 in bias, criminal justice, minorities, news, prosecutions, race discrimination, reports by tracey

‘Prosecutions against some black and minority-ethnic suspects should be deferred or dropped to help tackle the criminal justice system’s bias against them, according to a highly critical report written by the Labour MP David Lammy at the request of the prime minister.’

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The Guardian, 8th September 2017

Source: www.theguardian.com

Court of Appeal tells barrister she is being “over-sensitive” with complaints about trial judge’s behaviour – Legal Futures

Posted August 9th, 2017 in barristers, bias, complaints, judges, news by sally

The vice-president of the Court of Appeal’s criminal division has told a barrister who complained about a trial judge that she was over-sensitive and lacked an “understanding of the role of the judge in managing a jury trial”.

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Legal Futures, 9th August 2017

Source: www.legalfutures.co.uk

Arguments over judicial bias should not be based on “feelings of client”, says incoming LCJ – Litigation Futures

Posted July 28th, 2017 in bias, judiciary, news by tracey

‘Arguments over “apparent bias” in judges should be based on the view of a “fair-minded and informed observer” and not the feelings of clients, Lord Justice Burnett has said.’

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Litigation Futures, 27th July 2017

Source: www.litigationfutures.com

Police failed to protect Bijan Ebrahimi prior to his murder, IPCC says – The Guardian

‘Police repeatedly failed to protect a disabled Iranian refugee as neighbours waged a violent seven-year campaign of hate that culminated in his murder by a misguided vigilante, a report has concluded.’

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The Guardian, 5th June 2017

Source: www.theguardian.com

Drawing the Line: case management and allegations of judicial bias in the family courts – Family Law Week

‘Jennifer Youngs and Vondez Phipps, pupil barristers at 42 Bedford Row, summarise the circumstances in which judicial conduct at a case management hearing might form the basis of an application for recusal, and provide guidance to practitioners as to the manner in which such an application might be made.’

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Family Law Week, 22nd June 2017

Source: www.familylawweek.co.uk

Fair share – Counsel

‘All members should feel that chambers is doing their best for them. But how can you check work is being allocated fairly, and how can clerks demonstrate the fact of fairness? Rachel Crasnow QC reports from a seminar addressing these concerns.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Court of Appeal warns judges against interrupting witness evidence too much – Litigation Futures

‘The Chancellor of the High Court has urged judges to “temper eagerness with restraint” in the way they conduct trials, after a circuit judge was found to have made excessive interventions while witnesses were giving evidence.’

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Litigation Futures, 10th April 2017

Source: www.litigationfutures.com