Fine for solicitor who acted on both sides of property deal – Legal Futures

‘A partner who acted for both sides of a property transaction where there was a conflict of interest has been fined by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 28th August 2024

Source: www.legalfutures.co.uk

Ex-Boris Johnson ethics adviser Lord Geidt found to have broken Lords rules – The Guardian

Posted March 28th, 2024 in complaints, conflict of interest, news, parliament, standards by tracey

‘A crossbench peer and former ethics adviser to Boris Johnson has been found to have broken House of Lords rules by joining a meeting with Ministry of Defence officials on behalf of a US satellite company that was paying him.’

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The Guardian, 27th March 2024

Source: www.theguardian.com

Asset manager appointed by linked trust corporation held to be conflict of interest – Pensions Barrister

Posted March 22nd, 2024 in conflict of interest, Court of Protection, news, pensions by sally

‘In Irwin Mitchell Trust Corpn v PW [2024] EWCOP 16, a trust corporation, appointed as property and affairs deputy for a protected person under the Mental Capacity Act 2005, appointed an asset management company that was part of same corporate group as the trust corporation to manage the investment of the protected person’s funds. The Court of Protection held that that appointment operated to the financial advantage of the trust corporation, clearly breaching the rules against conflict of interest, and as such required ratification by the court. The court rejected the trust corporation’s arguments that the potential for conflict had been extinguished by the appointment process and that the appointment had already been authorised by an earlier court decision. The court adjourned the issue of ratification pending further evidence as to whether the appointment would be in the best interests of the protected person.’

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Pensions Barrister, 21st March 2024

Source: www.pensionsbarrister.com

The tendency of human nature to be swayed by interest rather than duty – Mental Capacity Law and Policy

Posted March 20th, 2024 in conflict of interest, Court of Protection, news by sally

‘In Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16, Irwin Mitchell Trust Corporation (“IMTC”) had been appointed as property and affairs deputy for a woman, PW. In that capacity, IMTC appointed Irwin Mitchell Asset Management (“IMAM”) to manage the investment of PW’s funds. The issue for determination by HHJ Hilder was whether the appointment of IMAM by IMTC as PW’s deputy breached the rules against conflict of interest.’

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Mental Capacity Law and Policy, 20th March 2024

Source: www.mentalcapacitylawandpolicy.org.uk

UK special forces have power over Afghan sanctuary claims despite investigation into alleged SAS crimes – The Independent

Posted February 20th, 2024 in Afghanistan, armed forces, conflict of interest, inquiries, news, war crimes, witnesses by tracey

‘UK special forces have frustrated efforts by Afghan troops to gain sanctuary in Britain despite the fact that some of the Afghan soldiers could be witnesses to crimes allegedly committed by British units.’

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The Independent, 19th February 2024

Source: www.independent.co.uk

Judge refuses to intervene over barrister who swapped sides – Legal Futures

‘The High Court has refused to intervene in a dispute over the counsel for a claimant having previously been on the record for the defendants.’

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Legal Futures, 3rd January 2024

Source: www.legalfutures.co.uk

Safeguarding vulnerable clients: Guidance on best practice in England and Wales – Mills & Reeve

‘A recent case heard by the Scottish Solicitors’ Discipline Tribunal has highlighted the complexities around how solicitors interact with vulnerable clients, particularly in matters involving conflicts of interest, mental capacity, and undue influence. This case offers an opportunity for some cross-border analysis between England and Wales and consideration of what best practice looks like in such a situation.’

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Mills & Reeve, 20th November 2023

Source: www.mills-reeve.com

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.’

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Mountford Chambers, 3rd October 2023

Source: www.mountfordchambers.com

Captain Tom’s family lose appeal against demolition of spa complex – The Guardian

Posted November 8th, 2023 in appeals, charities, conflict of interest, local government, news, planning by sally

‘The family of Captain Sir Tom Moore have lost a planning application appeal for a spa complex in their garden and have been given three months to demolish the structure.’

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The Guardian, 7th November 2023

Source: www.theguardian.com

Watchdog opens fresh inquiry into Tory peer over possible PPE lobbying breach – The Guardian

Posted August 4th, 2023 in conflict of interest, coronavirus, inquiries, lobbying, news, parliament by tracey

‘The House of Lords conduct watchdog has opened an investigation into the Conservative peer Lord Chadlington after new details about his introduction of a firm that was awarded £50m in PPE contracts were reported by the Guardian.’

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The Guardian, 3rd August 2023

Source: www.theguardian.com

The King (on the application of the Good Law Project Limited) v The Secretary of State for Health and Social Care v Abingdon Health Plc [2022] EWHC 2468 (TCC) – Part Two: Procurement principles – Local Government Lawyer

‘In the second in a two-part series on a recent procurement challenge brought by the Good Law Project, Juli Lau looks at the procurement principles considered by the court.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

Fresh warning over barristers making “supportive” comments about cases – Legal Futures

Posted August 16th, 2022 in barristers, conflict of interest, media, news by sally

‘A senior QC has called for the “fundamentally contradictory” rules on what barristers can say in public about their cases to be re-examined.’

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Legal Futures, 16th August 2022

Source: www.legalfutures.co.uk

Family Justice Council makes recommendations on avoiding conflicts of interest using psychologist expert witnesses in cases of alleged alienation – Local Government Lawyer

‘Interim guidance from the Family Justice Council (FJC), published last month, has highlighted how to avoid conflicts of interest when using psychologist expert witnesses in family court cases involving allegations of alienating behaviours.’

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Local Government Lawyer, 20th June 2022

Source: www.localgovernmentlawyer.co.uk

Senior Met officers sacked for gross misconduct – BBC News

‘Two senior Metropolitan Police officers have been sacked for gross misconduct.’

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BBC News, 16th January 2022

Source: www.bbc.co.uk

Stricter curbs on MPs’ second jobs to be backed by standards watchdog, piling pressure on Boris Johnson – The Independent

‘Stricter curbs on MPs taking second jobs will be proposed by a Commons watchdog, piling pressure on Boris Johnson to act and putting him on a fresh collision course with his own MPs.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

Mike Gordon: A Statutory Basis for the Ministerial Code – the Challenges – UK Constitutional Law Association

‘With the UK in the midst of its latest political corruption crisis, the question of the (in)adequacy of the current infrastructure concerning standards in public life is once more in the spotlight. Immediately prior to the parliamentary farce over the Owen Paterson lobbying affair, the Committee on Standards in Public Life published a significant report, Upholding Standards in Public Life: Final Report of the Standards Matter 2 Review (November 2021), outlining a number of potential changes to the system for holding politicians to account for their conduct. This blog post focuses on one of the Committee’s recommendations: that the Ministerial Code be provided with a statutory basis through a ‘requirement for the Prime Minister to issue the Ministerial Code’ being ‘enshrined in primary legislation’ (Recommendation 4).’

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UK Constitutional Law Association, 16th November 2021

Source: ukconstitutionallaw.org

Watchdog stopped ministers breaching neutrality code in top BBC and BFI hires – The Guardian

‘A watchdog had to prevent ministers breaching a strict code on political neutrality and independence during the search for new chairs for the BBC and the British Film Institute (BFI), the Guardian can reveal.’

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The Guardian, 7th November 2021

Source: www.theguardian.com

City giant to face trial over alleged conflicts of interest – Legal Futures

Posted October 25th, 2021 in banking, conflict of interest, fraud, law firms, news, professional conduct by tracey

‘City giant Hogan Lovells only achieved partial success in a bid for summary judgment over complaints that it had multiple conflicts of interest while acting for a Ukrainian tycoon.’

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Legal Futures, 25th October 2021

Source: www.legalfutures.co.uk

New Guidelines for Lawyers Practising within the Coroners’ Court – Inquests and Inquiries Law Blog

‘New guidelines for legal professionals practising within the Coroners’ Courts have been published by the Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation. The new guidelines were introduced in response to concerns, particularly about the adversarial approach adopted by some lawyers. The key takeaways are summarised below.’

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Inquests and Inquiries Law Blog, 20th September 2021

Source: inquestsandinquirieslawblog.com

QC report accuses City firm of acting with conflict of interest – Law Society’s Gazette

Posted September 14th, 2021 in conflict of interest, law firms, news, reports, surveyors by tracey

‘General counsel and a City firm have come under repeated criticism in a damning report into governance issues at the Royal Institution of Chartered Surveyors.’

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Law Society's Gazette, 13th September 2021

Source: www.lawgazette.co.uk