SRA will take “pragmatic” approach to breaches during pandemic – Legal Futures

‘The Solicitors Regulation Authority (SRA) has finally issued guidance to those it regulates on dealing with the coronavirus, stressing it will be “pragmatic” when taking action over rule breaches related to the pandemic.’

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Legal Futures, 24th March 2020

Source: www.legalfutures.co.uk

Paralegal banned for settling PI claim without authority – Litigation Futures

‘A personal injury paralegal who settled his client’s claim without her authority for less than counsel had advised, and then misled her into retrospectively agreeing, has been banned from the profession.’

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Litigation Futures, 20th March 2020

Source: www.litigationfutures.com

Ban for legal executive who used own money to cover error – Legal Futures

Posted March 19th, 2020 in disciplinary procedures, forgery, legal executives, news by sally

‘A chartered legal executive who covered up a mistake by paying a client her own money to increase her settlement has been banned from working for solicitors’ firms.’

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Legal Futures, 19th March 2020

Source: www.legalfutures.co.uk

Nottinghamshire teacher banned after vagina comment – BBC News

‘A newly-qualified teacher who admitted making a “stupid comment” about a pupil’s vagina has been banned from the profession.’

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BBC News, 6th March 2020

Source: www.bbc.co.uk

Solicitor got client to pay cheque into personal account – Legal Futures

Posted March 3rd, 2020 in disciplinary procedures, news, probate, solicitors by sally

‘A solicitor who persuaded a vulnerable client to pay £4,700 into her personal bank account, pretending the money would be spent on repairs to a property had inherited, has been struck off.’

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Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

Barrister fails in appeal over “seriously offensive” tweet – Legal Futures

‘The High Court has upheld the reprimand and fine issued to a barrister who sent a “seriously offensive” tweet in a private capacity that was “racially charged and derogatory to women”.’

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Legal Futures, 2nd March 2020

Source: www.legalfutures.co.uk

Short shrift for bias and recusal submissions in police misconduct hearings – UK Police Law Blog

Posted February 27th, 2020 in bias, disciplinary procedures, news, police, recusal by tracey

‘In R (Short) v (1) Police Misconduct Tribunal (2) Chief Constable of Bedfordshire Police [2020] EWHC 385 (Admin), Mr Justice Saini delivered a resounding reaffirmation that misconduct hearing panels are well able to put irrelevant and prejudicial matters out of their minds rather than having to recuse themselves and that they are able to determine their own procedures, just like civil courts and tribunals.’

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UK Police Law Blog, 27th February 2020

Source: ukpolicelawblog.com

“Careless” solicitor who practised unauthorised struck off – Legal Futures

‘A solicitor who carried on practising for almost five months after his practising certificate (PC) and indemnity insurance expired has been struck off.’

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Legal Futures, 25th February 2020

Source: www.legalfutures.co.uk

Solicitor lied about backdating legal aid forms – Legal Futures

Posted February 25th, 2020 in disciplinary procedures, legal aid, news, solicitors by sally

‘A young solicitor who botched the backdating of legal aid forms and then lied about it to his employer has agreed to leave the profession.’

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Legal Futures, 24th February 2020

Source: www.legalfutures.co.uk

When are Article 8 rights engaged in the context of an unfair dismissal claim and how should the engagement of such rights be approached by the tribunal? – 3PB

‘The claimant was employed by the respondent from 1994 until November 2014 as a Probation Service Officer (“PSO”). In 2014 there was an incident at the claimant’s home involving the claimant, her then partner, and her daughter, who was then a teenager. It was alleged that the claimant had been violent towards her daughter, something she had always vehemently denied. Social Services became involved and her daughter was placed on the Child Protection Register (“CPR”).’

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3PB, 7th February 2020

Source: www.3pb.co.uk

EAT Applies Jhuti Principles to Uddin v London Borough of Ealing – Old Square Chambers

‘Do the principles set down by the Supreme Court decision in the landmark decision in Royal Mail Group Ltd v Jhuti (in which Simon Gorton QC and Jack Mitchell acted for the Royal Mail) apply to the assessment of whether an employer acted reasonably in dismissing an employee for the purposes of s.98(4) Employment Rights Act 1996?’

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Old Square Chambers, 17th February 2020

Source: www.oldsquare.co.uk

Solicitor sanctioned after calling client “sad and pathetic” – Legal Futures

Posted February 18th, 2020 in complaints, disciplinary procedures, news, Scotland, solicitors by sally

‘A solicitor who sent “inappropriate, derogatory and offensive emails” to a client and his mother has been censured by the Scottish Solicitors Discipline Tribunal (SSDT).’

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Legal Futures, 18th February 2020

Source: www.legalfutures.co.uk

Case Comment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55, Part Two – UKSC Blog

‘There are a number of ways in which this judgment opens the door to arguments about its wider impact.’

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UKSC Blog, 17th February 2020

Source: ukscblog.com

Case Comment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55, Part One – UKSC Blog

‘If an employee is dismissed on bogus grounds invented by someone more senior than her in the business, that person’s true reason for acting as they did will be the real reason for the dismissal, even if the decision to dismiss was made by another person acting in good faith in reliance on the bogus grounds.’

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UKSC Blog, 17th February 2020

Source: ukscblog.com

Solicitor faked email to cover inaction – Legal Futures

‘A solicitor claiming to have become overwhelmed by pressure of work has been struck off after dishonestly misleading clients that she had made court applications.’

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Legal Futures, 14th February 2020

Source: www.legalfutures.co.uk

Family of UK man who died in police custody criticises watchdog – The Guardian

‘The family of a man who died in custody last month has criticised the police watchdog for failing to recommend the suspension of officers being investigated over the circumstances of his death.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

SDT clears partner in “accidental overcharging” case – Legal Futures

‘A former head of private client accused of overcharging an estate by up to £30,000 when acting as executor has been cleared of misconduct by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 12th February 2020

Source: www.legalfutures.co.uk

In the matter of Comet Group Limited (in Liquidation) [2018] EWHC 1378 (Ch) – Wilberforce Chambers

Posted February 11th, 2020 in administrators, disciplinary procedures, liquidators, news by sally

‘This judgment is an important one. It concerned an application by the joint liquidators of Comet (formerly joint administrators) for directions permitting them not to carry out any further investigation into the validity of the fixed and floating charge held by a single purpose vehicle (“HAL”) that had been granted by Comet under a year before it collapsed into administration. The joint liquidators also sought a direction that they be permitted to transfer a further tranche of funds to HAL that had been realised in the administration.’

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Wilberforce Chambers, 5th February 2020

Source: www.wilberforce.co.uk

“Dishonest” ABS owner banned for multiple breaches – Legal Futures

‘A non-lawyer owner of an alternative business structure (ABS) responsible for multiple rule breaches – including a £3.6m shortfall on his firm’s client account – has been banned from working in another one.’

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Legal Futures, 11th February 2020

Source: www.legalfutures.co.uk

Solicitor’s “manifest incompetence” in employing banned barrister – Legal Futures

‘A solicitor who employed a banned barrister as a consultant without checking his identity or his record with the Bar Standards Board (BSB) has been fined £20,000.’

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Legal Futures, 10th February 2020

Source: www.legalfutures.co.uk