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.’

Full report

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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.’

Full Story

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

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

Barristers to lose out from Iraq claims firm’s liquidation – Legal Futures

‘Barristers instructed by now-defunct Birmingham law firm Public Interest Lawyers (PIL) are set to lose out significantly from its liquidation, although its collapse may yet spark legal action, it has emerged.’

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Legal Futures, 13th January 2020

Source: www.legalfutures.co.uk

Home Office overhauls police complaints and discipline process – Home Office

‘Today (Friday 10 January) the Home Office is introducing legislation that will shake up how complaints made against the police are handled and improve the discipline system for officers.’

Full press release

Home Office, 10th January 2020

Source: www.gov.uk/home-office

Prison staff misconduct investigations rise by third – BBC News

‘Investigations into alleged misconduct by prison staff have risen by a third in a year, figures have revealed.’

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BBC News, 13th January 2020

Source: www.bbc.co.uk

Police reject judge’s call to apologise over wrongful conviction – The Guardian

Posted January 13th, 2020 in appeals, deceit, evidence, judges, miscarriage of justice, news, police, professional conduct by tracey

‘Police have refused to apologise to a man wrongly jailed for 25 years because officers lied at his trial, even after the now-retired appeal court judge who quashed the conviction told the Guardian that the force should say sorry.’

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The Guardian, 13th January 2020

Source: www.theguardian.com

Barrister blogger attacks colleagues for “being prats on social media” – Legal Futures

Posted January 9th, 2020 in barristers, internet, news, professional conduct, queen's counsel by tracey

‘A leading barrister blogger has blasted her own colleagues at the Bar for “being prats on social media” who “trash our reputation”.’

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Legal Futures, 9th January 2020

Source: www.legalfutures.co.uk

Ethical veganism is a protected belief, rules Employment Tribunal – UK Human Rights Blog

‘In what multiple commentators have hailed as a landmark legal case, Norwich Employment Tribunal found that the Claimant’s “ethical veganism” is a philosophical belief and therefore a protected characteristic for the purposes of section 10 of the Equality Act 2010 (“s.10”) following a preliminary hearing on 2nd and 3rd January 2020.’

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UK Human Rights Blog, 4th January 2020

Source: ukhumanrightsblog.com

Ethical veganism is philosophical belief, tribunal rules – BBC News

‘Ethical veganism is a “philosophical belief” and so is protected in law, a tribunal has ruled for the first time.’

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BBC News, 3rd January 2020

Source: www.bbc.co.uk

Police chief in child abuse video case lodges appeal against verdict – The Guardian

‘A decorated Metropolitan police superintendent convicted of possessing a child abuse video has formally asked the court of appeal to strike down her conviction.’

Full Story

The Guardian, 18th December 2019

Source: www.theguardian.com