‘The Employment Appeal Tribunal has overturned a ruling that a law firm was entitled to fire a partner who was accused of “topping up” legal aid fees with cash from a client’s father.’
Legal Futures, 7th August 2020
Source: www.legalfutures.co.uk
‘In Tindall v Chief Constable of Thames Valley Police [2020] EWHC 837 (QB) — available on Westlaw but not yet Bailii or the ICLR, the courts have again demonstrated a reluctance to strike-out a police negligence claim. This shows the difficulty of trying to show whether the police have positively created a danger / made it worse or merely refrained from protecting someone. A claim against the police for negligence will usually arise in the first instance but not, subject to exceptions, the second.’
UK Police Law Blog, 4th August 2020
Source: ukpolicelawblog.com
‘Most councillors work with tireless dedication to provide, promote and lead best-quality and responsive local services in their areas. But for their pains they can often be subject to rude abuse. Even Samuel Pepys, writing on 17 March 1662, recorded his Lord Mayor as “a talking, bragging Bufflehead” (blockhead) and was “confident there is no man almost in the City cares a turd for him”. On the other hand, the dark ghost of “Donnygate” haunts public perceptions of council members’ conduct. On 13 March 2002, the Guardian reported that: “The worst local government corruption case since the Poulson scandal of the 1970s ended yesterday” when former Doncaster planning chairman, Peter Birks, was imprisoned for four years and two former council leaders and two former mayors were among 21 councillors convicted of fraud.’
Law Society's Gazette, 3rd August 2020
Source: www.lawgazette.co.uk
‘A decorated former police chief has won two key battles in her fight to overturn her conviction for possessing a child abuse video and get her job back, the Guardian has learned.’
The Guardian, 2nd August 2020
Source: www.theguardian.com
‘The family of a man Tasered in his own home are considering suing Scotland Yard after the police watchdog said it had not exonerated officers involved in the case – despite the Metropolitan police claiming it had done so.’
The Guardian, 16th July 2020
Source: www.theguardian.com
‘Scotland Yard is investigating one of its former undercover officers over allegations he incited an animal rights activist to commit illegal acts that resulted in him being jailed for four years.’
The Guardian, 15th July 2020
Source: www.theguardian.com
‘A police watchdog has begun an appeal after failing to bring misconduct proceedings against a specialist firearms officer who shot and killed a man while trying to foil an attempt to snatch two prisoners from a prison van.’
The Guardian, 7th July 2020
Source: www.theguardian.com
‘The Chief Constable of West Midlands Police has successfully challenged a misconduct hearing panel’s decision to impose a Final Written Warning (FWW), after an officer made racist remarks about a fellow officer: R (Chief Constable of West Midlands Police) v Panel Chair, Police Misconduct Panel [2020] EWHC 1400 (Admin). The decision confirms that the High Court will be prepared to intervene where panels fail to follow the College of Policing’s Guidance on Outcomes, and that misconduct involving discrimination will be treated especially seriously.’
UK Police Law Blog, 3rd July 2020
Source: ukpolicelawblog.com
‘In the recent case of Dr Ogunsanya and Taylor Woods Solicitors v General Medical Council [2020] EWHC 1500 (QB), Eady J rejected the Claimants’ application for an injunction against the General Medical Council (‘GMC’) preventing the GMC from investigating the actions of the First Claimant (who is dual qualified as a doctor and as a solicitor) on the basis that the GMC had no jurisdiction because he was acting in his capacity as a solicitor, and not as a doctor, at the time. In rejecting the application, Eady J held that the allegations, amounting as they did to potential allegations of dishonesty, did fall within the GMC’s jurisdiction given their potential to prejudice the reputation of the profession. That there might be an overlap with another regulatory regime (that of the Solicitors Regulation Authority (‘SRA’)) did not oust that jurisdiction.’
Old Square Chambers, 23rd June 2020
Source: www.oldsquare.co.uk
‘The recent tragic death of George Floyd and the Black Lives Matter (BLM) movement has highlighted the need to tackle race discrimination in the workplace. Many businesses both in the UK and worldwide have made public statements reinforcing their commitment to equality and the BLM movement. Just as the #MeToo movement raised awareness of sexual harassment and discrimination in the workplace, recent events should be the catalyst for a renewed emphasis on preventing and tackling race discrimination and ensuring that BAME employees are supported in the workplace.’
Parklane Plowden Chambers, 19th June 2020
Source: www.parklaneplowden.co.uk
‘A junior solicitor diagnosed with Asperger’s syndrome who was convicted after sending a woman he briefly dated a series of abusive Facebook messages has been fined £10,000 by a disciplinary tribunal.’
Legal Futures, 24th June 2020
Source: www.legalfutures.co.uk
‘A solicitor has been struck off for falsifying court documents to make a client think his application to extend his leave to remain in the UK had been made before the leave had expired.’
Legal Futures, 22nd June 2020
Source: www.legalfutures.co.uk
‘GMC v Awan concerns a GP’s sexually motivated online chat with someone posing as 13 year old child. The GMC’s appeal under section 40A of the Medical Act 1983 was dismissed by Mostyn J and the 9-month suspension imposed by the Tribunal was upheld.’
UK Human Rights Blog, 19th June 2020
Source: ukhumanrightsblog.com
‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’
Legal Futures, 15th June 2020
Source: www.legalfutures.co.uk
‘Black families in the UK whose loved ones have died in incidents involving the police have called for the abolition of the Independent Office for Police Conduct, which investigates the police, and the immediate suspension of officers involved in deaths as part of a new plan to address systemic racism and unlawful killings.’
The Guardian, 14th June 2020
Source: www.theguardian.com
‘Black people account for 3% of the population, but 8% of deaths in custody. As a former chief prosecutor, I know this is only the end point of a system that disproportionately suspects, arrests, convicts and imprisons BAME people.’
The Guardian, 11th June 2020
Source: www.theguardian.com
‘In Carillion v KPMG, the liquidators of this once substantial company sought pre-action disclosure from its former auditors. They intend to bring professional negligence proceedings for not detecting that the financial statements were unreliable. The Commercial Court refused the application. One might think that given auditors’ negligence claims in large part turn on professional judgment as to the audit procedures performed, the evidence obtained and the conclusions drawn, clear sight of the materials produced and relied on by the auditors would enable better focussed pleadings. Nonetheless the Commercial Court refused the application (which had admittedly spun into a substantial hearing with apparently more than £500,000 costs on each side). It pointed out that generally such applications were unlikely to succeed in Commercial Court cases and on the facts was not appropriate. The Judge seems to have been most impressed by the fact that Carillion had been able to articulate a detailed case in negligence already, rendering pre-action disclosure perhaps redundant and likely to be duplicated when it came to conventional disclosure.’
Hailsham Chambers, June 2020
Source: www.hailshamchambers.com
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