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

Another recusal refusal – but this time the Court of Appeal steps in – Transparency Project

‘In the second such case in a month, a judge has refused to recuse herself at the request of a litigant, but on this occasion the Court of Appeal has reversed that decision and ordered that she step down from the case and let another judge take over.’

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Transparency Project, 3rd August 2020

Source: www.transparencyproject.org.uk

What challenges do rape victims face in getting cases to court? – The Guardian

‘Rape prosecutions and convictions have halved in three years, prompting concerns that the offence is effectively being decriminalised. These are some of the challenges rape victims face in getting their cases to court.’

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The Guardian, 30th July 2020

Source: www.theguardian.com

Hindsight bias in health and safety – Six Pump Court

Posted July 28th, 2020 in bias, health & safety, news, statutory duty by sally

‘David Travers QC of 6 Pump Court discusses hindsight bias, its relevance to health and safety cases and how to avoid its impact.’

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Six Pump Court, July 2020

Source: www.6pumpcourt.co.uk

Relationships with counsel and chambers – Law Society’s Gazette

Posted July 28th, 2020 in bias, judiciary, news, recusal by sally

‘It is of fundamental importance that judicial decisions should be made free from bias or partiality – it has long been recognised that justice must not only be done but must also be seen to be done (R v Sussex Justices, ex parte McCarthy [1924] 1 KB 256). A judge must, therefore, recuse themselves in circumstances of actual or apparent bias.’

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Law Society's Gazette, 27th July 2020

Source: www.lawgazette.co.uk

Judge removed from child welfare case over ‘pejorative’ remarks about mother – The Guardian

Posted July 28th, 2020 in bias, family courts, judges, news, remote hearings by sally

‘A high court judge has been taken off a case centred on the care of a child after “pejorative comments” she made about the child’s mother were accidentally broadcast to people taking part in a hearing remotely.’

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The Guardian, 25th July 2020

Source: www.theguardian.com

Judge rejects calls for recusal in planning case amid accusations of bias – Local Government Lawyer

Posted July 27th, 2020 in bias, injunctions, judges, local government, news, planning, recusal by sally

‘A High Court judge has refused to recuse himself from a planning case involving Surrey Heath Borough Council after claimants accused him of bias.’

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Local Government Lawyer, 23rd July 2020

Source: www.localgovernmentlawyer.co.uk

Stevie Martin: Bullying, threatening and animus: what remains of the rule against apparent bias following the Supreme Court’s judgment in Serafin? – UK Constitutional Law Association

‘At the heart of the Supreme Court judgment in Serafin v Malkiewicz was the question of whether the Court of Appeal was correct in finding that the defamation proceedings before Justice Jay had been unfair (though the Court’s reasons with respect to the public interest defence under s 4 of the Defamation Act 2013 are also profoundly significant).’

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UK Constitutional Law Association, 22nd July 2020

Source: ukconstitutionallaw.org

Hindsight bias in health and safety – Six Pump Court

Posted July 21st, 2020 in bias, health & safety, news, statutory duty by sally

‘In this interview with Pietra Asprou for Lexis Nexis, David Travers QC considers the impact of hindsight bias in health and safety cases, and what can be done to avoid it.’

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Six Pump Court, 21st July 2020

Source: www.6pumpcourt.co.uk

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