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

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”.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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