Arbitrators escape the red card in Manchester City case – Practical Law: Construction Blog

Posted September 23rd, 2021 in arbitration, bias, news, remuneration, sport by tracey

‘What, I hear you ask, am I doing writing about football? Well, despite the title of this blog, it’s actually about an arbitration and subsequent court proceedings that just happen to involve a football club. I think it’s interesting for a number of reasons, not least because it applies the Supreme Court’s findings in Halliburton Company v Chubb Bermuda Insurance Ltd, which I blogged about last year.’

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Practical Law: Construction Blog, 22nd September 2021

Source: constructionblog.practicallaw.com

QC arbitrators in Man City case were not “beholden” to Premier League – Legal Futures

Posted August 11th, 2021 in arbitration, barristers, bias, news, queen's counsel, sport by tracey

‘The High Court has rejected a claim by Manchester City football club that there was apparent bias on the part of three QCs sitting on a Premier League arbitration panel.’

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Legal Futures, 11th August 2021

Source: www.legalfutures.co.uk

Transparency 1 – 0 Confidentiality?: Manchester City v The Premier League in the Court of Appeal – Littleton Chambers

‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’

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Littleton Chambers, 22nd July 2021

Source: littletonchambers.com

When complaints must be referred to the Independent Office of Police Conduct – UK Police Law Blog

Posted July 27th, 2021 in bias, chambers articles, complaints, news, ombudsmen, police, professional conduct by sally

‘In R (Rose) v Chief Constable of Greater Manchester Police [2021] EWHC 875 (Admin), a businessman successfully challenged a decision not to refer his complaint to the Independent Office of Police Conduct (IOPC) under the mandatory referral criteria. The High Court concluded that the chief constable had failed to review the conduct alleged and consider whether, if substantiated, it would constitute serious corruption as defined in the (then) Independent Complaints Commission (IPCC) Statutory Guidance on the handling of complaints. Instead, he had performed an assessment of the merits which had rendered the decision not to refer the complaint unlawful. The case makes clear that complaints engaging the mandatory criteria, especially that of “serious corruption”, must be referred to the IOPC.’

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UK Police Law Blog, 26th July 2021

Source: ukpolicelawblog.com

Digital forensics experts prone to bias, study shows – The Guardian

Posted June 1st, 2021 in bias, computer programs, evidence, expert witnesses, news by sally

‘Devices such as phones, laptops and flash drives are becoming increasingly central to police investigations, but the reliability of digital forensics experts’ evidence has been called into question.’

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The Guardian, 31st May 2021

Source: www.theguardian.com

‘Lawyers must do better’: Lord Hodge criticises use of expert witnesses – Law Society’s Gazette

Posted May 28th, 2021 in bias, expert witnesses, judges, news, solicitors, statistics by tracey

‘Instructing solicitors must not jeopardise the impartiality of expert evidence, the deputy president of the Supreme Court said today, citing a study which suggests expert witnesses are being used as “hired guns” by lawyers.’

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Law Society's Gazette, 28th May 2021

Source: www.lawgazette.co.uk

Judge rejects recusal application after barristers withdraw – Legal Futures

Posted April 21st, 2021 in barristers, bias, case management, complaints, judges, news, recusal by tracey

‘A judge has rejected a recusal application on the grounds of apparent bias made after two barristers withdrew at the last minute from a hearing and complained about his conduct of the case.’

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Legal Futures, 21st April 2021

Source: www.legalfutures.co.uk

High Court rejects claim that ‘stern’ judge was hostile towards LiPs – Law Society’s Gazette

Posted April 19th, 2021 in appeals, bias, judges, litigants in person, news, probate, retrials by tracey

‘The High Court has thrown out the suggestion that a judge was biased against three litigants in person, saying the deputy master was stern and showed signs of impatience but handled the case in a “fair and open-minded way.”‘

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Law Society's Gazette, 16th April 2021

Source: www.lawgazette.co.uk

Rare public judgment on s.24 application for removal of arbitrator – Littleton Chambers

Posted April 14th, 2021 in arbitration, bias, chambers articles, news, recusal, Saudi Arabia, sport by sally

‘The Commercial Court (HHJ Pelling QC) recently handed down judgment in the case of Newcastle United Football Company Limited v (1) The Football Association Premier League Limited (2) Michael Beloff QC (3) Lord Neuberger (4) Lord Dyson [2021] EWHC 349 (Comm).’

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Littleton Chambers, 16th March 2021

Source: littletonchambers.com

Towuaghantse v GMC [2021] EWHC 681 (Admin) Coroner’s findings, independence of experts and registrant denials: this case is not one to put on the “read later” pile – 2 Hare Court

‘It is difficult to know where to start with Towuaghantse v GMC [2021] EWHC 681 (Admin). I will give you a briefest account of the facts in a moment, but potentially Mostyn J’s judgment in this case stands as authority for the following principles:
a. The factual findings of a coroner, and any narrative conclusion, are all admissible against a registrant.
b. Authors of expert reports do not have to be independent in the sense of uninvolved with the institution or any of the players in a case, they are merely subject to a Porter v McGill style test of bias or apparent bias.
c. The capacity of a registrant to remediate sincerely should be judged by reference to evidence unconnected with their denials of the factual charges, unless the fact-finding decision included findings of blatant dishonesty by the registrant (a refinement of the same judge’s recent pronouncements in GMC v Awan [2020] EWHC 1553 (Admin)).’

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2 Hare Court, 30th March 2021

Source: www.2harecourt.com

Case Comment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘In this post, Neil Newing and Olivia Flasch who both practice at Signature Litigation, comment upon the decision handed down by the UK Supreme Court in the matter of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. They ask: is the decision a missed opportunity?’

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UKSC Blog, 2nd February 2021

Source: ukscblog.com

W (Children): judge’s recusal does not indicate bias – Transparency Project

Posted December 21st, 2020 in appeals, bias, children, contact orders, families, judges, news, recusal by sally

‘Reading the case name W (Children: Reopening/recusal) I assumed that this would be another of those applications by a party, invariably the father, for the recusal of the judge in a children application, on the basis of alleged bias.’

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Transparency Project, 18th December 2020

Source: www.transparencyproject.org.uk

Role of grooming of women involved in violent crime examined as part of new gangs guidance – Crown Prosecution Service

‘Prosecutors working on gang-related cases which involve women and girls should consider if there is evidence they have been forced or groomed into committing crime, according to new legal guidance published today. The guidance, Decision-making in “gang” related offences, has been drawn up by the Crown Prosecution Service to give lawyers practical advice on building the strongest possible cases and gathering robust evidence to present to the court.’

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Crown Prosecution Service, 16th December 2020

Source: www.cps.gov.uk

Ofcom investigating row over Emily Maitlis’ Newsnight monologue about Dominic Cummings – The Independent

‘The UK’s broadcasting watchdog is investigating the row over BBC host Emily Maitlis’ monologue about Dominic Cummings’ infamous trip to Barnard Castle.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

Judges told they should consider previous racial bias before sentencing – The Guardian

‘Judges and magistrates are to be given explicit reminders for the first time in sentencing guidelines of the disparity in punishments being imposed by the courts on white, Asian and black offenders.’

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The Guardian, 9th December 2020

Source: www.theguardian.com

International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

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Litigation Futures, 30th November 2020

Source: www.litigationfutures.com

New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’

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UKSC Blog, 27th November 2020

Source: ukscblog.com

High Court upholds order to stop barrister from acting – Legal Futures

‘The High Court has upheld a highly unusual order prohibiting counsel from continuing to act for the father in a bitter child custody dispute because of acrimony between her and the mother.’

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Legal Futures, 14th October 2020

Source: www.legalfutures.co.uk

UK passport photo checker shows bias against dark-skinned women – BBC News

Posted October 8th, 2020 in bias, computer programs, internet, minorities, news, passports, photography by tracey

‘Women with darker skin are more than twice as likely to be told their photos fail UK passport rules when they submit them online than lighter-skinned men, according to a BBC investigation.’

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BBC News, 8th October 2020

Source: www.bbc.co.uk

Students lodge formal complaint against BPP alleging City favouritism – Law Society’s Gazette

‘A multifaceted complaint against legal educator BPP from students on its postgraduate solicitor programmes was formally submitted today.’

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Law Society's Gazette, 11th August 2020

Source: www.lawgazette.co.uk