So Long(more): An end to the re-formulated Ghosh test for dishonesty in professional disciplinary cases? – 4 King’s Bench Walk

Posted April 27th, 2016 in appeals, disciplinary procedures, news, professional conduct by sally

‘In Hussain v GMC Lord Justice Longmore suggested the objective test for dishonesty in disciplinary proceedings should reflect the standards of members of the profession rather than the general public. That suggestion was taken up with varying degrees of enthusiasm by disciplinary panels, legal advisers and the courts. Andrew Granville Stafford argues that the recent Court of Appeal case of R v Hayes has effectively ended any need to apply the Longmore formulation.’

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4 King’s Bench Walk, 27th April 2016

Source: www.4kbw.co.uk

The Structural Engineer’s Professional Duty to Warn and Goldswain v Beltec Ltd [2015] – Hardwicke Chambers

‘The duty to warn arises as no more than an aspect of the duty to act with the skill and care of an ordinarily competent professional. The existence of the duty recognises that in some circumstances the professional must go beyond what is specified as the desired performance in a contract (e.g. carrying out a design) and account for any risks of which he is aware by virtue of that expertise and warn others who may not be so aware.’

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Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

Hillsborough verdict: victims’ families’ 27-year struggle for truth vindicated – The Guardian

‘A 27-year struggle for truth by the families of the 96 people killed at the Hillsborough football stadium has been vindicated after new inquests into the disaster determined that they had been unlawfully killed.’

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The Guardian, 27th April 2016

Source: www.guardian.co.uk

Damages for loss of chance in professional negligence cases – Park Square Barristers

Posted April 26th, 2016 in damages, loss of chance, negligence, news, professional conduct by sally

‘I should make it clear that I am not dealing with loss of a chance in the field of medical negligence. In that regard reference must be made to the complex reasoning in the House of Lords case of Gregg v Scott in 2005. Also, in that regard I commend a reading of the address Lord Neuberger gave to the Professional Negligence Bar Association in 2008. The reference is given in the handout materials and it can be found if you search Westlaw under “Loss of a Chance.”

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Park Square Barristers, 24th March 2016

Source: www.parksquarebarristers.co.uk

Hillsborough jury reaches decision – BBC News

‘Jurors have reached a majority decision on whether the 96 victims of the Hillsborough disaster were unlawfully killed.’

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BBC News, 25th April 2016

Source: www.bbc.co.uk

Hillsborough inquest: Jury can return majority decision on whether fans were unlawfully killed – The Independent

‘The jury in the Hillsborough inquests has been told it can return a majority decision on whether the 96 victims were unlawfully killed.’

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The Independent, 25th April 2016

Source: www.independent.co.uk

Negligence claim over Raoul Moat shooting – Law Society’s Gazette

‘The claimants said that Northumbria Police owed PC David Rathband a duty of care to warn him of the threats made by Raoul Moat.’

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Law Society’s Gazette, 18th April 2016

Source: www.lawgazette.co.uk

Constance Briscoe disbarred after being jailed for lying – The Guardian

‘One of Britain’s most high-profile legal figures, Constance Briscoe, must be disbarred as a barrister after being jailed for lying to police during the Chris Huhne speeding scandal, a tribunal has said.’

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The Guardian, 15th April 2016

Source: www.guardian.co.uk

Kate Stanton-Davies death: Trust ‘failed to establish facts’ around death – BBC News

Posted April 4th, 2016 in bereavement, children, delay, hospitals, midwives, news, professional conduct by sally

‘A hospital trust “abdicated its responsibility” in finding out why a baby died six hours after her birth, an independent review has found.’

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BBC News, 1st April 2016

Source: www.bbc.co.uk

de Menezes: No individual prosecutions, but an effective investigation – ECtHR – UK Human Rights Blog

‘This week, the mosaic shrine adorning the wall outside Stockwell underground station once again became the focal point for difficult questions surrounding the police response the terrorist attacks of 2005.’

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UK Human Rights Blog, 1st April 2016

Source: www.ukhumanrightsblog.com

DWP tribunal criticises Labour MP Jess Phillips for ‘showing too much affection and friendship’ – The Independent

‘A Labour MP has been criticised by a judge at a tribunal for showing too much affection and friendship towards a constituent on disability benefits. ‘

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The Independent, 3rd April 2016

Source: www.independent.co.uk

Jean Charles de Menezes ruling due in European court of human rights – The Guardian

‘A ruling on whether British police officers should have been charged for the fatal shooting of Brazilian Jean Charles de Menezes at a London tube station in 2005 is to be delivered by the European court of human rights on Wednesday.’

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The Guardian, 30th March 2016

Source: www.guardian.co.uk

Magistrate sacked for opposing same-sex adoption is suspended by NHS – The Guardian

‘A Christian magistrate who was sacked after voicing his opposition to adoption by same-sex parents has been suspended as a non-executive director by an NHS trust.’

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The Guardian, 27th March 2016

Source: www.guardian.co.uk

Former PCSO who raped child jailed for 11 years – The Guardian

‘A former police community support officer has been jailed for 11 years and four months after admitting raping a child and a bestiality offence.’

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The Guardian, 21st March 2016

Source: www.guardian.co.uk

Poppi Worthington’s father faces intimidation every day, coroner told – The Guardian

‘A father who was identified by a high court judge as having probably sexually assaulted his baby daughter shortly before she died may be allowed to give evidence from a secret location after facing daily intimidation, a pre-inquest hearing has heard.’

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The Guardian, 18th March 2016

Source: www.guardian.co.uk

Police guilty of misconduct over woman who died in cell – The Guardian

‘Two police officers and two members of police staff were found to have committed misconduct over the way they dealt with a “very vulnerable” woman who was found dead in a police cell.’

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The Guardian, 18th March 2016

Source: www.guardian.co.uk

Bar regulator launches consultation on the Professional Statement threshold standard and competences, seeks input from all – Bar Standards Board

Posted March 17th, 2016 in barristers, consultations, professional conduct by tracey

‘The Bar Standards Board (BSB) has today launched its consultation on the Professional Statement threshold standard and competences.’

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Bar Standards Board, 14th March 2016

Source: www.barstandardsboard.org.uk

Battlelines drawn as shaken baby syndrome controversy set to run – The Guardian

‘Shaken baby syndrome is back in the news. Monday’s BBC Panorama programme focused on this most contentious of subjects and was itself prompted by the General Medical Council’s prosecution of Dr Waney Squier, a consultant neuropathologist who used to give evidence against those charged with injuring their baby but now provides expert evidence in their defence. On Friday she was found guilty by the GMC of giving “expert opinion evidence outside your field of expertise” in several cases that came before the criminal or family courts, and could be struck off the medical register as a result.’

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The Guardian, 15th March 2016

Source: www.guardian.co.uk

MPs break the rules ‘because they do not agree with them’, says standards watchdog Kathryn Hudson – Daily Telegraph

‘The comments will add further pressure on MPs to beef up the watchdog which polices their work, perhaps by giving members of the public a vote over decisions whether or not to reprimand errant MPs.’

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Daily Telegraph, 15th March 2016

Source: www.telegraph.co.uk