Review launched into East Kent NHS trust after baby deaths – The Guardian

‘The government has announced an independent review into maternity services at an NHS trust where a number of babies have died.’

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The Guardian, 13th February 2020

Source: www.theguardian.com

Employees and child protection issues – Local Government Lawyer

‘The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.’

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Local Government Lawyer, 14th February 2020

Source: www.localgovernmentlawyer.co.uk

Solicitor faked email to cover inaction – Legal Futures

‘A solicitor claiming to have become overwhelmed by pressure of work has been struck off after dishonestly misleading clients that she had made court applications.’

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Legal Futures, 14th February 2020

Source: www.legalfutures.co.uk

Family of UK man who died in police custody criticises watchdog – The Guardian

‘The family of a man who died in custody last month has criticised the police watchdog for failing to recommend the suspension of officers being investigated over the circumstances of his death.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

SDT clears partner in “accidental overcharging” case – Legal Futures

‘A former head of private client accused of overcharging an estate by up to £30,000 when acting as executor has been cleared of misconduct by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 12th February 2020

Source: www.legalfutures.co.uk

Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54 – Hardwicke Chambers

‘The Appellant was a firm of solicitors against whom the Respondent, on behalf of the late Mr Watkins’ estate, continued Mr Watkins’ claim in professional negligence following his death in 2014.’

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Hardwicke Chambers, 10th February 2020

Source: hardwicke.co.uk

GP Manish Shah jailed for 90 sexual assaults on patients – BBC News

‘A GP has been given three life sentences for 90 sexual assaults on female patients.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

Solicitor’s “manifest incompetence” in employing banned barrister – Legal Futures

‘A solicitor who employed a banned barrister as a consultant without checking his identity or his record with the Bar Standards Board (BSB) has been fined £20,000.’

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Legal Futures, 10th February 2020

Source: www.legalfutures.co.uk

GP Manish Shah jailed for 90 sex assaults on patients – BBC News

‘A GP has been given three life sentences for 90 sex assaults on female patients.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

Grenfell Tower inquiry backs protection for refurbishment firms giving evidence – BBC News

‘The chairman of the Grenfell Tower inquiry has backed a request from firms that refurbished the building that evidence they give should not be used against them in criminal prosecutions.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

Inquest finds use of Taser by Devon and Cornwall Police contributed to death of Marc Cole when experiencing paranoia – Garden Court Chambers

‘The inquest into the death of Marc Anthony Cole has concluded with the jury finding he died from excess use of cocaine resulting in paranoid and erratic behaviour, with the use of a Taser by Devon and Cornwall Police having a more than trivial impact on Marc going into cardiac arrest. The medical cause of death included the use of cocaine, an episode of altered behaviour including self-harm, excitement, exertion and restraint including the discharge of a TASER X26 device.’

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Garden Court Chambers, 30th January 2020

Source: www.gardencourtchambers.co.uk

Article 6 breaches prove no magic bullet for convictions on appeal (R v Abdurahman) – 5 SAH

‘Rebecca Hill provides her Corporate Crime analysis for Lexis Nexis PSL: The Court of Appeal considered the safety of the conviction of Abdurahman who had assisted one of the 21/7 London bombers after the event. It reaffirmed that its purpose is to objectively appraise the safety of a conviction looking to all the circumstances, notwithstanding in this case a finding by the Grand Chamber of the European Court of Human Rights (ECtHR) that Mr Abdurahman’s rights under Article 6 of the European Convention on Human Rights (ECHR) (right to a fair trial) had been breached.’

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5 SAH, 3rd February 2020

Source: www.5sah.co.uk

Rogue surgeon report does not pretend there are easy answers – The Guardian

‘Report makes some sensible recommendations but critics say it could have gone further.’

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The Guardian, 4th February 2020

Source: www.theguardian.com

Lucy Sessions death: Mum criticises police punishment – BBC News

‘A mother has criticised the punishments given to two officers found guilty of misconduct after her daughter’s death.’

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BBC News, 4th February 2020

Source: www.bbc.co.uk

Police tasering of man with mental health issues ‘contributed to his death’ – The Guardian

‘Truro inquest hears Marc Cole was hit three times as family calls for review of stun guns.’

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The Guardian, 28th January 2020

Source: www.theguardian.com

SRA presses ahead with plan to cut compensation awards – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Criminal legal aid solicitor struck off for accounts rule breaches – Legal Futures

‘A solicitor has been struck off after nearly 40 years in practice after admitting that the difficulties of relying on payment from criminal legal aid work overwhelmed him.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Professional liability round up of 2019 – 4 New Square

‘The 2019 professional liability case law was dominated by four core themes, which arose repeatedly in numerous contexts in claims against lawyers and auditors in particular:

-Multiple interlocking attacks on different aspects of the “loss of a chance” doctrine, anchored in both “lost litigation” claims and defective business deals. As we explain, the case law has been marked by various parties trying to opt out of parts of the existing Allied Maples doctrine, or bend the requirements to their particular circumstances.
-The continued adoption of “assumption of responsibility” as the appropriate test for duty of care to non-clients, and the extent to which the principle is relevant to the scope of duty owed to a client.
-The debate over how the distinction between “information” and “advice” cases plays out in the context of the respective duties of auditors and directors for the running of companies (both in the context of scope of duty and contributory negligence).
-The way in which a claimant’s wrongdoing should “taint” a claim against a professional. This theme emerged in the loss of a chance context, in respect of “ex turpi causa”, and in relation to the ever-challenging issue of attribution.’

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4 New Square, 7th January 2020

Source: www.4newsquare.com

Weightmans entitled to fire worker over internet browsing, tribunal rules – Law Society’s Gazette

‘National firm Weightmans acted within the law to sack a long-serving staff member over her internet usage whilst at work, an employment tribunal has found.’

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Law Society's Gazette, 17th January 2020

Source: www.lawgazette.co.uk

Uber driver banned after passengers hold ladder out of window – BBC News

‘An Uber driver caught on camera carrying passengers holding a ladder out of the window of his car has had his licence suspended.’

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BBC News, 16th January 2020

Source: www.bbc.co.uk