QC says judge should have recused himself in school friend case – Litigation Futures

Posted May 18th, 2020 in barristers, bias, judges, news, recusal by sally

‘Leading QC Dinah Rose has questioned the decision of a judge not to recuse himself from hearing a case where he had been at school with the director of a defendant company more than 45 years ago.’

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Litigation Futures, 14th May 2020

Source: www.litigationfutures.com

Judge denies bias in favour of former school friend – Litigation Futures

Posted May 13th, 2020 in bias, disclosure, insolvency, judges, news, recusal by sally

‘A judge has rejected a recusal application on the grounds of apparent bias, based on him being in the same class at school as the director of a defendant company more than 45 years ago.’

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Litigation Futures, 13th May 2020

Source: www.litigationfutures.com

What does Manchester City’s Champions League ban have to do with human rights? – UK Human Rights Blog

Posted March 24th, 2020 in appeals, bias, disciplinary procedures, human rights, news, sport by sally

‘Last month European football’s governing body, UEFA, announced that English champions Manchester City had been fined 30 million Euros and banned from the Champions League – the most illustrious competition in European football. The Adjudicatory Chamber of UEFA’s Club Financial Control Body (CFCB) handed down a two-year ban on the basis that Man City had breached Financial Fair Play Regulations. The club have responded fiercely, complaining of a ‘prejudicial process’ and alleging that the case was ‘initiated by UEFA, prosecuted by UEFA and judged by UEFA.’ Against this background it is thought likely that City will rely on human rights arguments in their appeal to the Court of Arbitration for Sport (a somewhat ironic development in the view of some commentators given previous criticisms of the human rights records of the club’s backers).’

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UK Human Rights Blog, 23rd March 2020

Source: ukhumanrightsblog.com

Short shrift for bias and recusal submissions in police misconduct hearings – UK Police Law Blog

Posted February 27th, 2020 in bias, disciplinary procedures, news, police, recusal by tracey

‘In R (Short) v (1) Police Misconduct Tribunal (2) Chief Constable of Bedfordshire Police [2020] EWHC 385 (Admin), Mr Justice Saini delivered a resounding reaffirmation that misconduct hearing panels are well able to put irrelevant and prejudicial matters out of their minds rather than having to recuse themselves and that they are able to determine their own procedures, just like civil courts and tribunals.’

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UK Police Law Blog, 27th February 2020

Source: ukpolicelawblog.com

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