Day: 27 February 2013
Internal Disciplinary Hearings and Injunctions – Littleton Chambers
“Dr Chhabra is a consultant psychiatrist at Broadmoor Hospital. She was alleged by a member of the public to have breached patient confidentiality whilst travelling on a train (an allegation that might cause lawyers who work on trains pause for thought…). Her employer Trust appointed an outside psychiatrist to investigate the allegations under the Trust’s procedures, implementing ‘Maintaining High Professional Standards in the Modern NHS’. The case manager, on reviewing the investigator’s report, decided that the matter should be brought before a disciplinary hearing at which Dr. Chhabra would face allegations of gross misconduct that may have led to dismissal. Separately the Trust referred capability concerns relating to Dr. Chhabra that had also been considered in the investigator’s report, to the National Clinical Assessment Service (‘NCAS’).”
Littleton Chambers, 12th February 2013
Source: www.littletonchambers.com
Kutchukian v Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon – WLR Daily
“When carrying out the hypothetical valuation of a property with development potential, pursuant to paragraph 3 of Schedule 6 to the Leasehold Reform, Housing and Urban Development Act 1993, the Upper Tribunal ought to have decided the legal position in respect of the legal rights and liabilities arising under various leases, rather than allow for uncertainty on those legal points, insofar as leaving them undetermined, by a discount for the risk.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
Costly consequences: The pros and cons of disapplying CPR 36.14 – Hardwicke Chambers
“Unlike the general power provided by CPR 44.3, the costs consequences of Pt 36 do not lie in the discretion of the court. The court must apply them unless it considers it “unjust” to do so.”
Hardwicke Chambers, 20th February 2013
Source: www.hardwicke.co.uk
Man who gave gun to Mark Duggan jailed for 11 years – The Guardian
“A drug dealer who supplied a gun to Mark Duggan minutes before his fatal shooting by police sparked the 2011 summer riots has been jailed for a total of 11 years.”
The Guardian, 26th February 2013
Source: www.guardian.co.uk
Legal professional privilege and employment law – Hardwicke Chambers
“In R (on the application of Prudential Plc and another) v Special Commissioner of Income Tax and another [2013] UKSC 1 a majority of the Supreme Court held that legal advice privilege does not extend to protect legal advice given by professionals who are not lawyers and that it is for Parliament, not the courts, to decide whether and how the privilege should be extended.”
Hardwicke Chambers, 19th February 2013
Disclosures made after employment ends can be protected under whistleblowing rules says tribunal – OUT-LAW.com
“Employees who ‘blow the whistle’ on bad behaviour by bosses can still take advantage of legal protections even after the employment relationship has ended, a tribunal has ruled.”
OUT-LAW.com, 25th February 2013
Source: www.out-law.com
Bungs in Football – The Legal Goalposts for Clubs, Managers and Agents – 11 KBW
“On Tuesday 19 September 2006, BBC’s Panorama made a number of allegations about corruption in football. The most serious allegations concern the alleged widespread bribery of football club directors, managers and scouts by agents seeking to place the players for whom they act.”
Full story (PDF)
11 KBW, 19th February 2013
Source: www.11kbw.com
Parents plead for 17-year-olds in custody to be treated as children – The Guardian
“The parents of a teenager who killed himself after being arrested have pleaded for police to treat all 17-year-olds in custody as children.”
The Guardian, 26th February 2013
Source: www.guardian.co.uk
Without prejudice communications – 11 Stone Buildings
“When a litigator enters into settlement discussions, the general rule is that the content of those communications are protected by the Without Prejudice Rule and cannot be relied upon as evidence in court if the case doesn’t settle. This rule, however, does not constitute a blanket ban. In this note James Barnard reminds us of the Without Prejudice Rule framework, its recognised exceptions and how the Supreme Court case of Oceanbulk Shipping & Trading SA v TMT Asia Ltd [2010] UKSA 44 created another wide-ranging exception.”
Full story (PDF)
11 Stone Buildings, February 2013
Source: www.11sb.com
QC appointments slip to all time low with 84 made up – The Lawyer
“The number of barristers being awarded Queen’s Counsel status is on a downward trajectory with just 84 taking silk in the latest round, the lowest number since the system was reviewed in 2006.”
The Lawyer, 27th February 2013
Source: www.thelawyer.com
Al-Byati: Iraqi doctor denies tribunal claims – BBC News
“An Iraqi doctor has been accused of committing crimes against humanity as part of Saddam Hussein’s regime, a medical tribunal has heard.”
BBC News, 26th February 2013
Source: www.bbc.co.uk
My conviction is unsafe, says QC jailed for VAT fraud – Law Society’s Gazette
“A London silk sentenced today to three and a half years in prison after being convicted of a £600,000 VAT fraud says he will fight to clear his name.”
Law Society’s Gazette,
Source: www.lawgazette.co.uk
Tamara Ecclestone’s ex-boyfriend Derek Rose jailed over blackmail plot – The Guardian
“A former boyfriend of the socialite Tamara Ecclestone has been jailed for four years for plotting to blackmail her for £200,000. Derek Rose, 33, who dated the daughter of Formula One boss Bernie Ecclestone in 2002 when she was 17, was implicated in a plot which saw an email sent to Ecclestone’s manager after the model starred in Billion Dollar Girl, a reality TV programme exploring her life as a rich young person.”
The Guardian, 26th February 2013
Source: www.guardian.co.uk
‘Ill-judged and offensive’ Hillsborough police email slammed by watchdog – Daily Telegraph
“The police watchdog has written to a chief constable expressing concern over comments in an email about the Hillsborough disaster that were ‘at best ill-judged and at worst offensive and upsetting’.”
Daily Telegraph, 26th February 2013
Source: www.telegraph.co.uk
Google, Facebook and Twitter ordered to delete photos of James Bulger killers – The Guardian
“Google, Facebook and Twitter have been ordered by the police to remove photographs purporting to show one of James Bulger’s killers.”
The Guardian, 26th February 2013
Source: www.guardian.co.uk
