Majority verdicts in England and Wales brought in ‘partly for racial and class reasons’ – The Guardian

Posted January 24th, 2024 in bias, charities, criminal justice, equality, juries, miscarriage of justice, news by sally

‘The introduction of majority verdicts in criminal trials in England and Wales was partly motivated by a desire to dilute the influence of minority ethnic people and the labouring classes serving on juries, according to research.’

Full Story

The Guardian, 24th January 2024

Source: www.theguardian.com

GB News: Ofcom rules breached over Don’t Kill Cash campaign – BBC News

Posted December 20th, 2023 in bias, bills, codes of practice, media, news, ombudsmen by sally

‘GB News breached impartiality rules with an episode of The Live Desk, which promoted its branded campaign Don’t Kill Cash, Ofcom has said.’

Full Story

BBC News, 19th December 2023

Source: www.bbc.co.uk

Bad Optics: The High Court Focuses on Panel Member’s Apparent Bias in Suleman v General Optical Council [2023] EWHC 2110 (Admin) – Mountford Chambers

Posted November 14th, 2023 in appeals, bias, chambers articles, conflict of interest, employment, news, recusal by sally

‘On 16 August 2023 the High Court handed down its judgment allowing the appeal in Suleman v General Optical Council [2023] EWHC 2110 (Admin). The High Court found that a panel member should have recused himself due to his connections to the appellant’s former employer. His failure to do so tainted the entire proceedings.’

Full Story

Mountford Chambers, 3rd October 2023

Source: www.mountfordchambers.com

High Court ruling on ‘without prejudice’ privilege renders adjudication unenforceable – OUT-LAW.com

Posted October 25th, 2023 in bias, dispute resolution, news, privilege, without prejudice communications by sally

‘A disputed adjudicator’s decision is unenforceable due to apparent bias, according to the High Court in England, after privileged communications were wrongly deemed admissible as evidence during the proceedings.’

Full Story

OUT-LAW.com, 25th October 2023

Source: www.pinsentmasons.com

Strengthened immunity protection proposed in Arbitration Act reform – Law Society’s Gazette

‘Arbitrators’ common law duty to disclose any reason for doubts as to their impartiality could be codified under proposals from the Law Commission of England and Wales today. The recommendation is among proposed updates to the Arbitration Act 1996 which the independent reform body has published along with draft legislation.’

Full Story

Law Society's Gazette, 6th September 2023

Source: www.lawgazette.co.uk

Panel member posting result on LinkedIn did not show bias, rules judge – Law Society’s Gazette

Posted July 18th, 2023 in bias, employment tribunals, internet, news by tracey

‘A lay member of an employment tribunal did not give rise to apparent bias despite her posting a link on social media to a report of her case, an appeal tribunal has ruled.’

Full Story

Law Society's Gazette, 17th July 2023

Source: www.lawgazette.co.uk

Misconduct: ‘No simple explanation’ for race bias in complaints – Law Society’s Gazette

‘”Socio-cognitive biases” could account for the over-representation of Black, Asian and minority ethnic solicitors in complaints about potential misconduct raised with the Solicitors Regulation Authority.’

Full Story

Law Society's Gazette, 23rd June 2023

Source: www.lawgazette.co.uk

Avon and Somerset Police ‘institutionally racist’, chief constable says – BBC News

‘A chief constable says she believes her own force is “institutionally racist”. Sarah Crew said she came to that conclusion after applying a series of criteria to Avon and Somerset Police following a report into the local criminal justice system.’

Full Story

BBC News, 16th June 2023

Source: www.bbc.co.uk

English court rejects arbitrator bias challenge on account of tactical delay – OUT-LAW.com

Posted June 7th, 2023 in arbitration, bias, delay, disclosure, news by sally

‘Parties to an arbitration who become aware of potential grounds to challenge an arbitration award during the arbitral proceedings must raise grounds before the tribunal or a court as soon as possible to avoid losing the opportunity to do so, experts have warned, following a recent ruling of the English High Court.’

Full Story

OUT-LAW.com, 2nd June 2023

Source: www.pinsentmasons.com

Don’t crow over court victories, bar leader warns – Law Society’s Gazette

‘Barristers should not crow online about court victories, the profession’s leader has warned amid renewed controversy over lawyers being identified with their clients.’

Full Story

Law Society's Gazette, 23rd March 2023

Source: www.lawgazette.co.uk

Joint enterprise prosecutions to be monitored for racial bias – The Guardian

‘Joint enterprise prosecutions in England and Wales are to be monitored after a legal challenge from campaigners who argued it disproportionately targets black males and young men.’

Full Story

The Guardian, 16th February 2023

Source: www.theguardian.com

RBB’s 10 next steps for an anti-racist justice system – Counsel

Posted February 15th, 2023 in bias, diversity, equality, judiciary, legal profession, news, race discrimination, racism by sally

‘In 2022, the Racial Bias and the Bench report found evidence of institutional racism in the justice system and fundamental flaws in the Judicial Diversity Strategy. Change is coming and all judges and lawyers can help revitalise the rule of law by implementing RBB’s 10 anti-racist recommendations, say Keir Monteith KC and Professor Leslie Thomas KC.;

Full Story

Counsel, February 2023

Source: www.counselmagazine.co.uk

Accent bias still holding back regional barristers, research finds – Legal Futures

Posted January 31st, 2023 in advocacy, barristers, bias, diversity, news by tracey

‘Barristers with regional accents still encounter bias from both clients and professional colleagues that those who speak in what is regarded as an “acceptable” accent do not, new research has found.’

Full Story

Legal Futures, 30th January 2023

Source: www.legalfutures.co.uk

Judiciary calls on office holders to avoid “shouting” and treat others fairly in ‘expected behaviours’ list – Local Government Lawyer

Posted January 24th, 2023 in bias, complaints, diversity, judiciary, news, professional conduct by sally

‘The Courts and Tribunals Judiciary has published a list of expected behaviours for judicial office holders, which includes a call to avoid “shouting or snapping” and to ensure that no one in a hearing room is exposed to bias or prejudice.’

Full Story

Local Government Lawyer, 23rd January 2023

Source: www.localgovernmentlawyer.co.uk

Court orders judge’s recusal due to “business association” with defendant – Legal Futures

Posted January 23rd, 2023 in banking, bias, judges, news, recusal by tracey

‘The High Court has ruled that a circuit judge should not hear any more of a claim against HSBC because his own relationship with the bank raised the risk of apparent bias.’

Full Story

Legal Futures, 23rd January 2023

Source: www.legalfutures.co.uk

High Court judge quashes planning permission for apparent bias, finds monitoring officer “went wrong in law” – Local Government Lawyer

Posted November 11th, 2022 in bias, codes of practice, local government, news, planning by tracey

‘A High Court judge has quashed a district council’s grant of planning permission for the erection of five self-contained buildings to store and facilitate construction of carnival floats, after finding that the permission was vitiated by apparent bias on the part of two councillors.’

Full Story

Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

Judiciary in England and Wales ‘institutionally racist’, says report – The Guardian

‘The judiciary in England and Wales is “institutionally racist”, with more than half of legal professionals surveyed claiming to have witnessed a judge acting in a racially biased way, according to a report.’

Full Story

The Guardian, 18th October 2022

Source: www.theguardian.com

A rare EAT finding of the appearance of unconscious confirmation bias – Doughty Street Chambers

‘In Laing v Bury & Bolton Citizens Advice [2022] EAT 85, the EAT found that a tribunal had erred in dismissing a claim brought by Litigant in Person where it had commented extensively, at times using strong and personalised language, on the Claimant’s behaviour throughout the hearing drawing upon such behaviour in support of how he must have behaved at work. It concluded that a fair-minded and informed observer would conclude that there was a real possibility that his behaviour had engendered an antipathy towards him which unconsciously influenced the tribunal’s collective decision in relation to a victimisation complaint.’

Full Story

Doughty Street Chambers, 1st August 2022

Source: insights.doughtystreet.co.uk

Police racial bias played role in UK Covid fines regime, says report – The Guardian

Posted August 5th, 2022 in bias, coronavirus, equality, fines, news, police, race discrimination, racism by tracey

‘Bias in policing at least partly explains why minority ethnic people were more likely to receive fines for Covid breaches than their white counterparts, research says.’

Full Story

The Guardian, 5th August 2022

Source: www.theguardian.com

UK data watchdog investigates whether AI systems show racial bias – The Guardian

‘The UK data watchdog is to investigate whether artificial intelligence systems are showing racial bias when dealing with job applications.’

Full Story

The Guardian, 14th July 2022

Source: www.theguardian.com