‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’
Littleton Chambers, 22nd July 2021
Source: littletonchambers.com
‘In R (Rose) v Chief Constable of Greater Manchester Police [2021] EWHC 875 (Admin), a businessman successfully challenged a decision not to refer his complaint to the Independent Office of Police Conduct (IOPC) under the mandatory referral criteria. The High Court concluded that the chief constable had failed to review the conduct alleged and consider whether, if substantiated, it would constitute serious corruption as defined in the (then) Independent Complaints Commission (IPCC) Statutory Guidance on the handling of complaints. Instead, he had performed an assessment of the merits which had rendered the decision not to refer the complaint unlawful. The case makes clear that complaints engaging the mandatory criteria, especially that of “serious corruption”, must be referred to the IOPC.’
UK Police Law Blog, 26th July 2021
Source: ukpolicelawblog.com
‘Devices such as phones, laptops and flash drives are becoming increasingly central to police investigations, but the reliability of digital forensics experts’ evidence has been called into question.’
The Guardian, 31st May 2021
Source: www.theguardian.com
‘Instructing solicitors must not jeopardise the impartiality of expert evidence, the deputy president of the Supreme Court said today, citing a study which suggests expert witnesses are being used as “hired guns” by lawyers.’
Law Society's Gazette, 28th May 2021
Source: www.lawgazette.co.uk
‘The High Court has thrown out the suggestion that a judge was biased against three litigants in person, saying the deputy master was stern and showed signs of impatience but handled the case in a “fair and open-minded way.”‘
Law Society's Gazette, 16th April 2021
Source: www.lawgazette.co.uk
‘The Commercial Court (HHJ Pelling QC) recently handed down judgment in the case of Newcastle United Football Company Limited v (1) The Football Association Premier League Limited (2) Michael Beloff QC (3) Lord Neuberger (4) Lord Dyson [2021] EWHC 349 (Comm).’
Littleton Chambers, 16th March 2021
Source: littletonchambers.com
‘It is difficult to know where to start with Towuaghantse v GMC [2021] EWHC 681 (Admin). I will give you a briefest account of the facts in a moment, but potentially Mostyn J’s judgment in this case stands as authority for the following principles:
a. The factual findings of a coroner, and any narrative conclusion, are all admissible against a registrant.
b. Authors of expert reports do not have to be independent in the sense of uninvolved with the institution or any of the players in a case, they are merely subject to a Porter v McGill style test of bias or apparent bias.
c. The capacity of a registrant to remediate sincerely should be judged by reference to evidence unconnected with their denials of the factual charges, unless the fact-finding decision included findings of blatant dishonesty by the registrant (a refinement of the same judge’s recent pronouncements in GMC v Awan [2020] EWHC 1553 (Admin)).’
2 Hare Court, 30th March 2021
Source: www.2harecourt.com
‘In this post, Neil Newing and Olivia Flasch who both practice at Signature Litigation, comment upon the decision handed down by the UK Supreme Court in the matter of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. They ask: is the decision a missed opportunity?’
UKSC Blog, 2nd February 2021
Source: ukscblog.com
‘Reading the case name W (Children: Reopening/recusal) I assumed that this would be another of those applications by a party, invariably the father, for the recusal of the judge in a children application, on the basis of alleged bias.’
Transparency Project, 18th December 2020
Source: www.transparencyproject.org.uk
‘Prosecutors working on gang-related cases which involve women and girls should consider if there is evidence they have been forced or groomed into committing crime, according to new legal guidance published today. The guidance, Decision-making in “gang” related offences, has been drawn up by the Crown Prosecution Service to give lawyers practical advice on building the strongest possible cases and gathering robust evidence to present to the court.’
Crown Prosecution Service, 16th December 2020
Source: www.cps.gov.uk
‘The UK’s broadcasting watchdog is investigating the row over BBC host Emily Maitlis’ monologue about Dominic Cummings’ infamous trip to Barnard Castle.’
The Independent, 15th December 2020
Source: www.independent.co.uk
‘Judges and magistrates are to be given explicit reminders for the first time in sentencing guidelines of the disparity in punishments being imposed by the courts on white, Asian and black offenders.’
The Guardian, 9th December 2020
Source: www.theguardian.com
‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’
UKSC Blog, 27th November 2020
Source: ukscblog.com
‘Women with darker skin are more than twice as likely to be told their photos fail UK passport rules when they submit them online than lighter-skinned men, according to a BBC investigation.’
BBC News, 8th October 2020
Source: www.bbc.co.uk
‘A multifaceted complaint against legal educator BPP from students on its postgraduate solicitor programmes was formally submitted today.’
Law Society's Gazette, 11th August 2020
Source: www.lawgazette.co.uk
‘In the second such case in a month, a judge has refused to recuse herself at the request of a litigant, but on this occasion the Court of Appeal has reversed that decision and ordered that she step down from the case and let another judge take over.’
Transparency Project, 3rd August 2020
Source: www.transparencyproject.org.uk
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