Chair of the Bar calls for change to timing of Call in future-gazing speech – The Bar Council

Posted September 14th, 2023 in barristers, consumer protection, legal services, news, public interest, pupillage, speeches by tracey

‘Chair of the Bar Nick Vineall KC has called on the profession to call people to the Bar only when they have completed pupillage. The present system means that the title of barrister is conferred on people who are not entitled to practise as barristers, and he argues that this creates a real risk of confusion for clients and is not in the public interest.’

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The Bar Council, 13th September 2023

Source: www.barcouncil.org.uk

Section 117B Public Interest Considerations Explained – EIN Blog

Posted September 12th, 2023 in human rights, immigration, news, public interest by tracey

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under S.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate. As such, understanding what falls under “the public interest” will be very significant when attempting to establish any factors which might weigh against an individual’s Article 8 rights in the context of this proportionality exercise. Therefore, in the following article, we will provide an overview of the different factors that form part of these “public interest” considerations and explore how they interact with Article 8 (ECHR).’

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EIN Blog, 12th September 2023

Source: www.ein.org.uk

Independence and the public interest: the role of a legal services regulator – Bar Standards Board

Posted July 7th, 2023 in barristers, legal services, news, public interest by tracey

‘Independence and the public interest: the role of a legal services regulator. Talk by Mark Neale, Director General, Bar Standards Board – 3 July 2023.’

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Bar Standards Board, 4th July 2023

Source: www.barstandardsboard.org.uk

BSB chief: Many practices at the Bar have “outlived their usefulness” – Legal Futures

‘There are many working practices at the Bar “which may have outlived their usefulness and no longer work in the interests of consumers”, the director general of the Bar Standards Board (BSB) said yesterday.’

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Legal Futures, 4th July 2023

Source: www.legalfutures.co.uk

Unpublished policy and unlawful detention: a case note on R (MXK) v Secretary of State for the Home Department – UK Human Rights Blog

‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.

In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’

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UK Human Rights Blog, 29th June 2023

Source: ukhumanrightsblog.com

Whistleblowing protection as a key consideration of investigations best practice – Kingsley Napley

Posted June 29th, 2023 in disclosure, EC law, news, public interest, whistleblowers by sally

‘When an individual blows the whistle on suspected malpractice or wrongdoing in the workplace, this can lead to an internal investigation. A huge range of issues can be raised by whistle-blowers, and how the whistle-blower’s own rights are dealt with is a crucial consideration when scoping an investigation. Following on from World Whistle-blowers’ Day on 23 June, Emmanuelle Ries and Caroline Day provide a whistle stop tour of the key features of whistleblowing protection in the UK and in Europe.’

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Kinglsey Napley, 28th June 2023

Source: www.kingsleynapley.co.uk

The Bar Standards Board issues a consultation on proposed amendments to widen its powers to protect the public – Bar Standards Board

‘The BSB has today issued a consultation document seeking views on proposed changes which would widen the powers of the BSB and of Disciplinary Tribunals.’

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Bar Standards Board, 22nd June 2023

Source: www.barstandardsboard.org.uk

UK judges to be given powers to dismiss oppressive Slapps lawsuits at early stage – The Guardian

Posted June 13th, 2023 in amendments, bills, freedom of expression, news, public interest by sally

‘Oppressive lawsuits brought by wealthy individuals to evade scrutiny and intimidate critics are to be defined in English and Welsh law for the first time, as judges are handed powers to dismiss “Slapps” at an early stage.’

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The Guardian, 13th June 2023

Source: www.theguardian.com

Carole Cadwalladr to appeal against ruling that she pay Arron Banks’s legal costs – The Guardian

Posted May 24th, 2023 in appeals, brexit, costs, media, news, public interest by sally

‘The award-winning Guardian and Observer journalist Carole Cadwalladr will appeal against a ruling that ordered her to pay significant legal costs to the prominent Brexit backer Arron Banks.’

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The Guardian, 23rd May 2023

Source: www.theguardian.com

No cab-rank rule breach – yet – for barrister signatories of eco-resolution – Legal Futures

‘The Bar Standards Board (BSB) will not take action against barristers who have committed not to prosecute climate protestors or work for fossil fuel companies – at least until they actually refuse instructions.’

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Legal Futures, 18th May 2023

Source: www.legalfutures.co.uk

Ethics and access: striking the right balance – Bar Standards Board

‘What is an ethical lawyer? Should an ethical lawyer steer clear of certain clients on public interest grounds? And should the regulator police the profession’s choice of client?’

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Bar Standards Board, 28th April 2023

Source: www.barstandardsboard.org.uk

Sexual assault victim who named her attacker in blog defeats his libel action – The Guardian

‘A woman who wrote about being sexually assaulted, naming her attacker, has defeated a libel action he brought against her after a judge ruled that her account was true on the balance of probabilities.’

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The Guardian, 27th April 2023

Source: www.theguardian.com

LSB to put focus on “ethical competence” of lawyers – Legal Futures

‘There needs to be more focus on the “ethical competence” of lawyers throughout their careers, the Legal Services Board (LSB) has suggested.’

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Legal Futures, 25th April 2023

Source: www.legalfutures.co.uk

SLAPPs – defamation, privacy, public participation and reform – Mills & Reeve

‘SLAPPs – what are they? If you’ve asked yourself that question, it’s most likely a good thing. In this article we take a look at the impact of Strategic Lawsuits Against Public Participation (SLAPPs), which present an important issue within society, politics and the legal profession, particularly in a libel and privacy context.’

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Mills & Reeve, 14th March 2023

Source: www.mills-reeve.com

Mother wins appeal over sending of domestic abuse findings made against social worker father to regulator – Local Government Lawyer

‘A High Court judge has allowed an appeal brought by a mother over whether a judgment in long-running private law proceedings that made findings of domestic abuse against the father, who works as a social worker, should be sent to his regulator, Social Work England (SWE).’

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Local Government Lawyer, 10th March 2023

Source: www.localgovernmentlawyer.co.uk

Arron Banks loses two of three challenges to failed libel action against Carole Cadwalladr – The Guardian

Posted March 2nd, 2023 in appeals, defamation, media, news, public interest by tracey

‘The multimillionaire Brexit backer Arron Banks has lost a significant part of his appeal against the decision in his unsuccessful libel action against the Observer and Guardian journalist Carole Cadwalladr.’

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The Guardian, 28th February 2023

Source: www.theguardian.com

Whistleblowing, Employment Tribunals and Mediation: about time to think outside the box? – Martin Fodder – Littleton Chambers

Posted January 10th, 2023 in chambers articles, disclosure, news, public interest, whistleblowers by sally

‘The Public Interest Disclosure Act, which introduced Part IVA and S.103A into the Employment Rights Act 1996, was regarded as pioneering, world-leading, legislation when it was passed in 1998. The importance protecting whistleblowers has become generally accepted in the years since then, not only in the United Kingdom but in Europe and beyond.. It is a reasonable assumption that a great deal of “whistleblowing” takes place each and every day which, before 1998, would not have occurred and it does so without any adverse action being taken against the “whistleblowers”. That is a massive cultural change for the better. PIDA and those who framed it must take a great deal of credit for it. However there is no longer a consensus that the legislative framework and the way in which it operates in practice is fit for the purposes of, on the one hand, ensuring that responsible whistleblowers are protected from retribution and, on the other, seeing that those wrongs or hazards to which responsible whistleblowers have drawn attention are remedied or prevented. Indeed Georgina Halford-Hall CEO Whistleblowers UK, writing in the Introduction to All Party Parliamentary Group (APPG) Report “Making Whistleblowing Work for Society” said, “In 2020, PIDA is the equivalent of having teeth extracted without anaesthetic.” It is difficult to disagree. And in 2022 the orthodontic experience she was referring to is likely to be even more painful.’

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Littleton Chambers, 5th December 2022

Source: littletonchambers.com

Covid loans secrecy is in the public interest, tribunal rules – Law Society’s Gazette

‘The public interest in preventing prejudice to commercial interests trumps the public interest in publishing details of recipients of emergency Covid loans, the First Tier Tribunal has ruled. In Spotlight on Corrupton & Anor v The Information Commissioner & The British Business Bank, tribunal judge Sophie Buckley rejected two appeals against the information commissioner’s decision not to require the British Business Bank to identify all the businesses that had taken out loans under four government schemes during the pandemic.’

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Law Society’s Gazette, 6th January 2023

Source: www.lawgazette.co.uk

Senior media figures call for law to stop oligarchs silencing UK journalists – The Guardian

Posted November 29th, 2022 in bills, freedom of expression, media, news, public interest by sally

‘A coalition of senior journalists and editors from across the political spectrum is calling on the justice secretary, Dominic Raab, to back a proposed law to tackle the global super-rich’s use of “abusive legal tactics to shut down investigations”.’

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The Guardian, 29th November 2022

Source: www.theguardian.com

Refusals on ‘Not Conducive to the Public Good’ Grounds – EIN Blog

Posted November 18th, 2022 in burden of proof, government departments, immigration, news, public interest by tracey

‘Where an individual’s presence in the UK is non-conducive to the public good, Part 9 of the Immigration Rules sets out that this is a mandatory ground for refusal or cancellation under the suitability requirements. This applies to applications for entry clearance, permission to enter and permission to stay.
Presence in the UK being non-conducive to the public good can also constitute a reason to deprive an individual of their British citizenship. This is set out in further detail in our earlier post here. However, the deprivation of citizenship is provided for separately under section 40(4) of the British Nationality Act 1981.’

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EIN Blog, 14th November 2022

Source: www.ein.org.uk