Nationality and Borders Bill: risking Britain’s reputation? – 5SAH

‘The Law Society has warned the new Nationality and Borders Bill risks jeopardising Britain’s “global reputation for justice”.’

Full Story

5SAH, 22nd July 2021

Source: www.5sah.co.uk

Defensive Advising Strategies 2: Know Your Client – Wilberforce Chambers

‘With a history in the world of financial services regulation, “know your customer/client” or “KYC” is a cornerstone of professional practice. What does it mean for legal professionals? In this instalment of my series on defensive advising strategies, I consider three aspects of KYC which are particularly relevant to lawyers, with an emphasis on the interface between solicitors and other professionals and the barristers they instruct. This perspective is based on my own experience as a practitioner and raises issues which crop up relatively frequently.’

Full Story

Wilberforce Chambers, 22nd July 2021

Source: www.wilberforce.co.uk

Jeremy Heywood’s widow questions Greensill inquiry chief’s independence – The Guardian

‘The widow of the man who was the UK’s top civil servant during the early years of the Greensill lobbying scandal has raised concerns over the independence of the official appointed by Boris Johnson to run an inquiry into the affair.’

Full Story

The Guardian, 1st July 2021

Source: www.theguardian.com

Cases against the medical profession: an extended review by Marina Wheeler QC – UK Human Rights Blog

Posted June 21st, 2021 in conflict of interest, deceit, doctors, hospitals, news, professional conduct by tracey

‘During the pandemic, the public’s gratitude to the medical profession has been palpable. But rightly, practitioners continue to be regulated, supervised by the Courts. Here we report a clutch of decisions highlighting some common themes: the importance of transparency and maintaining public confidence in the profession; managing conflicts of interest; making and handling findings of dishonesty.’

Full Story

UK Human Rights Blog, 18th June 2021

Source: ukhumanrightsblog.com

Officers accused of sexual abuse must face investigation, says police chief – The Guardian

‘All serving police officers accused of domestic or sexual abuse should face misconduct hearings as well as criminal investigations, according to the most senior police officer for domestic abuse in England and Wales.’

Full Story

The Guardian, 2nd June 2021

Source: www.theguardian.com

Much Ado About Nothing: Technical Breaches of Directors’ Disclosure Duties in Fairford Water Ski Club v Cohoon & Anor [2021] EWCA Civ 143 – Hardwicke Chambers

‘In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143, the Court of Appeal considered a highly technical breach of the duty imposed on company directors to disclose any interest in a contract or proposed contract entered into by their company. The decision considers several practical issues surrounding the duty to disclose, such as whether disclosure is effective only if given after the terms have been agreed and the board has considered whether these represent fair value; and whether disclosure at a first board meeting is effective for subsequent meetings. The case also highlights differences in the statutory frameworks applicable to the duty under the Companies Act 1985 and 2006.’

Full Story

Hardwicke Chambers, 11th May 2021

Source: hardwicke.co.uk

Demands for ‘urgent’ reform after watchdog finds ‘no boundaries’ for civil servants in private jobs – The Independent

‘The head of a Whitehall watchdog has called for “urgent” reform of the system for vetting private sector appointments for senior civil servants and ministers, warning that “there doesn’t seem to have been any boundaries at all” for an adviser who moved straight from the heart of government to the failed finance company Greensill.’

Full Story

The Independent, 16th April 2021

Source: www.independent.co.uk

Fine for solicitor who acted on both sides in “undue influence” house sale – Legal Futures

‘A solicitor who acted for both sides in a house sale at an undervalue, set aside by the High Court on the grounds of undue influence, has been fined by the Solicitors Disciplinary Tribunal (SDT).’

Full Story

Legal Futures, 13th April 2021

Source: www.legalfutures.co.uk

Senior judge criticises counsel for withdrawing from case without explanation – Legal Futures

Posted April 6th, 2021 in adjournment, barristers, conflict of interest, judges, news, recusal by sally

‘A supervising judge has criticised counsel who withdrew on the eve of an important consequentials hearing for not specifying the concerns they had raised about the conduct of the trial judge.’

Full Story

Legal Futures, 6th April 2021

Source: www.legalfutures.co.uk

Charity Commission investigates Carrie Symonds’ employer – The Independent

‘The organisation that employs Boris Johnson’s fiancee Carrie Symonds is set to be investigated by the Charity Commission following “serious concerns” over its governance and financial management.’

Full Story

The Independent, 1st April 2021

Source: www.independent.co.uk

Directors’ duties to disclose conflicts of interest: Fairford Water Ski Club v Cohoon & Craig Cohoon Watersports [2021] EWCA Civ 143 – Guildhall Chambers

‘On 9 February 2021, the Court of Appeal unanimously allowed Mr Cohoon and Craig Cohoon Watersports’ (“Watersports”) appeal against the decision of His Honour Judge Russen QC at first instance ([2020] EWHC 290 (Comm)).’

Full Story

Guildhall Chambers, 15th February 2021

Source: www.guildhallchambers.co.uk

Court refuses to approve tainted fiduciary decision making (Schumacher v Clarke) – New Square Chambers

Posted February 18th, 2021 in charities, conflict of interest, fiduciary duty, news, trusts, wills by sally

‘The court was faced with a category 2 and 3 Public Trustee v Cooper application principally for the approval of a momentous decision. The court was initially asked to approve the entirety of a settlement reached between four trustees split into two camps but later asked to approve only the dispositive elements of the settlement. The settlement unusually resolved disputes between the trustees rather than between trustees and beneficiaries or third parties. The court was concerned with mutual allegations of inappropriate action as fiduciaries and the failure of both sides to manage conflicts of interest in arriving at a settlement. After stressing that such factors could impair the decision reached and which the court was asked to approve, the court refused its approval of part of the settlement. Written by James Saunders, barrister, at New Square Chambers.’

Full Story

New Square Chambers, 11th February 2021

Source: www.newsquarechambers.co.uk

Court of Appeal: Expert was not under “fiduciary duty” to client – Litigation Futures

Posted January 14th, 2021 in conflict of interest, contracts, expert witnesses, fiduciary duty, news by tracey

‘The Court of Appeal has overturned the first decision in England and Wales to hold that an expert witness owed a fiduciary duty to their client.’

Full Story

Litigation Futures, 13th January 2021

Source: www.litigationfutures.com

Guildford pub bomb police took action to keep files closed – BBC News

‘The police force investigating the Guildford pub bombs has been accused of a conflict of interest after it took legal action to keep archives closed. More than 700 files on the 1974 IRA bombs had been due to open this year but were retained by the Home Office. Inquest papers have shown Surrey Police applied for the files to stay closed.’

Full Story

BBC news, 2nd December 2020

Source: www.bbc.co.uk

Covid spending: Watchdog finds MPs’ contacts were given priority – BBC News

‘Companies recommended by MPs, peers and ministers’ offices were given priority as the government raced to obtain Personal Protective Equipment, the National Audit Office found.’

Full Story

BBC News, 18th November 2020

Source: www.bbc.co.uk

Fans to see agent fees from every transfer under new Fifa laws – The Independent

Posted November 6th, 2020 in conflict of interest, fees, news, sport by tracey

‘Football fans will be able to see exactly how much agents earn from transfer deals when new regulations come into force next year, Fifa has said.’

Full Story

The Independent, 6th November 2020

Source: www.independent.co.uk

High Court allows appeal by claimant after council bids to withdraw admissions of liability in failure to remove case – Local Government Lawyer

‘An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.’

Full Story

Local Government Lawyer, 17th September 2020

Source: www.localgovernmentlawyer.co.uk

Solicitor and firm sanctioned over property work – Legal Futures

‘A law firm earned some £800,000 in fees on three failed property development schemes as well as ‘quick sale’ conveyancing where it acted for both sides, a tribunal has heard.’

Full Story

Legal Futures, 1st June 2020

Source: www.legalfutures.co.uk

Police watchdog to announce decision on Johnson-Arcuri inquiry – The Guardian

‘Boris Johnson will find out on Thursday if he faces a criminal investigation into his relationship with an American businesswoman while he was mayor of London.’

Full Story

The Guardian, 20th May 2020

Source: www.theguardian.com

Re: ACC & Ors [2020] EWCOP 9 – 3PB

‘The case concerned the conflicts of interests that may arise where property and affairs
deputies employed by a law firm instruct that firm to carry out instructions for P, or to
conduct litigation on P’s behalf.’

Full Story

3PB, 10th March 2020

Source: www.3pb.co.uk