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.’

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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).’

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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.’

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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.’

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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)).’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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3PB, 10th March 2020

Source: www.3pb.co.uk

Court approval needed to start CoP litigation, says judge – Law Society’s Gazette

‘Deputies acting for incapacitated clients should seek permission from the court if they want to start litigation on their behalf, a judge has indicated.’

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Law Society's Gazette, 9th March 2020

Source: www.lawgazette.co.uk

Mostyn J. and ‘amicable’ divorces – St Ives Chambers

‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’

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St Ives Chambers, February 2020

Source: www.stiveschambers.co.uk

High Court rejects judges’ complaints about online divorce service – Legal Futures

Posted January 21st, 2020 in conflict of interest, divorce, drafting, electronic filing, news by sally

‘A senior High Court judge has granted declarations making it clear that an online service has not broken conflict of interest rules or the Legal Services Act by helping divorcing couples draft their own documents and not use lawyers.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Solicitor fined for acting in conflict of interest – Legal Futures

Posted January 15th, 2020 in conflict of interest, costs, fines, news, professional conduct, solicitors by sally

‘A solicitor who acted where there was a real conflict of interest and paid out almost £6m from buyer clients before they had obtained any security in the flats they were hoping to buy, has been fined for misconduct.’

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Legal Futures, 14th January 2020

Source: www.legalfutures.co.uk

Home Office faces legal battle over Prevent reviewer – The Guardian

Posted August 29th, 2019 in conflict of interest, government departments, human rights, news, terrorism by tracey

‘Human rights campaigners have threatened the Home Office with legal action over its appointment of Lord Carlile as the independent reviewer of its anti-radicalisation programme Prevent.’

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The Guardian, 29th August 2019

Source: www.theguardian.com

Solicitor’s “atrocious” conduct over child contact case condemned – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has struck off a solicitor whose conduct in a sensitive child contact case it described as “atrocious”.’

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Legal Futures, 16th May 2019

Source: www.legalfutures.co.uk