Male barrister fined for smacking female colleague on backside – Legal Futures

‘A male barrister who told a junior female colleague that “I really wanted to smack your arse” – and then did so – has been reprimanded and fined £6,000 by a Bar disciplinary tribunal.’

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Families of citizens dying after contact with police still await justice – The Guardian

‘Relatives of people who have died after contact with the police have told of their distrust in and dissatisfaction with the ability of the complaints system to help deliver justice.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

SDT “wrong” to strike out prosecution of Law Society president – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) was wrong to throw out a private prosecution brought by a former client against the current president of the Law Society, the High Court has ruled.’

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Legal Futures, 13th January 2021

Source: www.legalfutures.co.uk

Tribunal finds law firm unfairly dismissed paralegal – Legal Futures

‘A law firm dismissed a paralegal because he was close to his supervisor, with whom it was in dispute, rather than due to the allegations levied against him, an employment tribunal has ruled.’

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Legal Futures, 11th January 2021

Source: www.legalfutures.co.uk

Professional liability update: 2020 year in review – 4 New Square

‘In this review of the year, Helen Evans, Ben Smiley, Pippa Manby, and Ian McDonald of 4 New Square explain what the 2020 cases tell us, how the various strands of development interact, and what to watch out for as we go into 2021.’

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4 New Square, 5th January 2021

Source: www.4newsquare.com

Norwich teacher banned over relationship with ex-pupil – BBC News

Posted January 7th, 2021 in disciplinary procedures, news, professional conduct, teachers by tracey

‘A maths teacher who began a relationship with a former pupil shortly after she left school has been banned from the profession.’

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BBC News, 6th January 2021

Source: www.bbc.co.uk

Claimants in breast implant case buy cause of action to sue defendant’s lawyers – Litigation Futures

‘A leading defendant law firm and a QC have failed to strike out a professional negligence action brought after the claimants in a case they defended acquired their insolvent client’s cause of action.’

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Litigation Futures, 16th December 2020

Source: www.litigationfutures.com

Union takes legal action over Boris Johnson’s decision to clear Priti Patel of bullying – The Independent

‘Boris Johnson is facing legal action over his decision to clear Priti Patel of bullying staff at the Home Office and other departments.’

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The Independent, 10th December 2020

Source: www.independent.co.uk

Commission proposes block on ‘vexatious’ misconduct prosecutions – Law Society’s Gazette

‘The ancient common law offence of misconduct in public office is “too ill-defined and uncertain to be maintained in the criminal law,”.the Law Commission has concluded, recommending its replacement with two new offences. The proposed reform would also block ‘vexatious’ private prosecutions of public figures.’

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Law Society's Gazette, 4th December 2020

Source: www.lawgazette.co.uk

Met faces legal action over spies’ use of dead children’s identities – The Guardian

Posted December 7th, 2020 in bereavement, children, families, news, police, professional conduct, spying by sally

‘The relatives of dead children whose identities were stolen by undercover police officers have launched legal action against the Metropolitan police over their resulting trauma.’

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The Guardian, 7th December 2020

Source: www.theguardian.com

Child abuse carried out under guise of medical treatment, report finds – The Guardian

‘Healthcare practitioners who committed child sexual abuse commonly did so under the guise of medical treatment, which went unchallenged by other staff even when unnecessary or inappropriate because of their position of trust, research has found.’

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The Guardian, 3rd December 2020

Source: www.theguardian.com

R (RD) v Justice Secretary [2020] EWCA Civ 1346 – CrimeCast.Law

‘This was the second of a pair of recent cases which suggest that police officers and those who aspire to be police officers are held to a higher standard than the general public whom the police are sworn to protect. I discussed yesterday R v Luckett (Michael David) [2020] EWCA Crim 565, which illustrated the approach taken by the Criminal Division of the Court of Appeal to the sentencing of offences of misconduct in a public office by serving police officers. The case of R (RD) v Justice Secretary addresses the rigorous disclosure requirements imposed on those who apply to become police constables or police cadets. It prompted the Civil Division of the Court of Appeal to consider the application of Article 8(2) of the European Convention on Human Rights to candidates for the police service – specifically whether the current regime for the rehabilitation of offenders and for the disclosure of convictions, cautions and reprimands is in accordance with law and necessary in a democratic society …’

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CrimeCast.Law, 30th November 2020

Source: crimecast.law

What really happened to Edson Da Costa? – The Guardian

‘He was 25, a father and a car mechanic. Five minutes after being stopped by police on 15 June 2017, he was lying unresponsive on the ground. After an inquest and inquiry, family and friends are still fighting for justice’

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The Guardian, 29th November 2020

Source: www.theguardian.com

R v Luckett (Michael David) [2020] EWCA Crim 565 – CrimeCast.Law

‘“This was one of a pair of recent cases, which tend to suggest that police officers and those who aspire to be police officers are still held to a higher standard than the public they are sworn to protect. It was a sentencing appeal following a plea of guilty by a former police officer, who had made use of information gathered in the course of investigating a drink driving offence to get in touch with the defendant and subsequently enter into a long-term personal relationship with her. He resigned from the police and pleaded guilty to misconduct in a public office. His appeal against the sentence prompted the Court of Appeal to refer to earlier authorities on sentencing for misconduct in a public office by serving police officers and gave the court an opportunity to emphasise the gravity of the offence, whilst at the same time proving that the quality of mercy is not strained …”’

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CrimeCast.Law, 26th November 2020

Source: crimecast.law

Jeremy Corbyn to start legal action over suspension of Labour whip – The Guardian

‘Jeremy Corbyn is to start a formal legal claim against the Labour party for suspending the whip, in a case which allies of the former Labour leader say is intended to prove there was a deal with Keir Starmer’s office to readmit him to the party.’

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The Guardian, 26th November 2020

Source: www.theguardian.com

Police officer sacked after scanning carrots to buy doughnuts – The Independent

Posted November 27th, 2020 in disciplinary procedures, news, police, professional conduct by tracey

‘A police officer who scanned a barcode for carrots worth 7p to purchase a £9.95 box Krispy Kreme doughnuts has been sacked for gross misconduct.’

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The Independent, 26th November 2020

Source: www.independent.co.uk

A non-sexually motivated sexual assault?: GMC v Haris [2020] EWHC 2518 (Admin) – 2 Hare Court

‘Dr Haris faced allegations from two patients that he had conducted non-clinically indicated, intimate examinations without consent. He asserted forcefully that the alleged conduct simply never happened – and also called additional evidence to support his position that he was asexual.’

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2 Hare Court, 5th November 2020

Source: www.2harecourt.com

Police officers and the use of force – are we really all missing the point?: R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 – 2 Hare Court

‘The Court of Appeal has recently delivered an interesting and potentially very significant judgment in the case of Officer W80. The case concerned the use of force by a police officer and whether misconduct proceedings could subsequently be instituted against him on the basis of his honestly held but mistaken belief.’

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2 Hare Court, 5th November 2020

Source: www.2harecourt.com

Robing room bullying – Counsel

Posted November 4th, 2020 in barristers, bullying, codes of practice, news, professional conduct by tracey

‘Rudeness in the robing room, sledging tactics and the unkindness of strangers when you’re newly called. Rehna Azim talks about bullying at the Bar and what you can do about it.’

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Counsel, November 2020

Source: www.counselmagazine.co.uk

Stephen Lawrence murder: CPS asked to consider new charges against police – The Guardian

‘Prosecutors are to be asked to consider whether to bring new charges in the Stephen Lawrence case against senior police officers in the first botched murder investigation, it has been announced.’

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The Guardian, 3rd November 2020

Source: www.theguardian.com