‘A student who alleges he was assaulted by police during a demonstration has won a lawsuit forcing an official watchdog to conduct a fresh examination of his allegations.’
The Guardian, 19th August 2016
Source: www.guardian.co.uk
‘The police watchdog is now “more likely to believe black complainants than white police officers”, according to a former officer and equality campaigner.’
BBC News, 31st July 2016
Source: www.bbc.co.uk
‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’
Hardwicke Chambers, 29th June 2016
Source: www.hardwicke.co.uk
‘A full report into allegations of police misconduct at the so-called Battle of Orgreave will not be made public, the Independent Police Complaints Commission has ruled.’
BBC News, 12th July 2016
Source: www.bbc.co.uk
‘A university student who alleges he was assaulted by police during a demonstration has launched legal action against the Independent Police Complaints Commission.’
The Guardian, 12th July 2016
Source: www.guardian.co.uk
‘Many professions, for example doctors, lawyers etc require individuals to register and maintain a practising certificate in order to practice. Others do not. This can be a key difference when it comes to considering the jurisdiction of their regulator.’
Littleton Chambers, 7th June 2016
Source: www.littletonchambers.com
Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin)
‘In August 2013 the appellant was engaged on an hourly paid fixed term contract as a lecturer by a further education establishment. In November 2013 he was suspended from work, pending the outcome of an internal investigation, following a complaint of alleged inappropriate behaviour by the appellant towards a part-time 17-year-old learner in his class. The appellant resigned before the conclusion of the internal disciplinary hearing. In May 2015 allegations of unacceptable professional conduct in relation to the complaint were formally referred to the National College for Teaching and Leadership (“NCTL”) on behalf of the Secretary of State for Education. At that time there was no evidence that the appellant was teaching or engaged to teach anywhere. In February 2016 a professional conduct panel of the NCTL found the appellant guilty of unacceptable professional conduct and recommended that the Secretary of State impose an indefinite prohibition order. The NCTL later became aware that the appellant had worked as a school teacher from January to March 2016, ceasing a few days before he received the prohibition order. ‘
WLR Daily, 29th June 2016
Source: www.iclr.co.uk
‘The parents of young children who died on a controversial cardiac ward have spoken of their fears that they might not get the answers they crave ahead of the publication of an independent inquiry into their sons’ care.’
The Guardian, 26th June 2016
Source: www.guardian.co.uk
‘A surgeon who tried to cover up the fact he had cut off a man’s testicle in error has been struck off.’
BBC News, 23rd June 2016
Source: www.bbc.co.uk
‘Complaints about misconduct made against solicitors by solicitors, barristers and other professionals have increased by a third in the past five years, it has emerged.’
Litigation Futures, 17th June 2016
Source: www.litigationfutures.com
‘Can a senior employee be ordered to pay back his past contractual remuneration to his employer as a remedy for breach of fiduciary duty, in particular a duty to confess his own wrongdoing? There has been an increasing trend over the past few years for employers, outraged at the belatedly discovered wrongdoing of a trusted senior employee, to not only seek to justify summary dismissal on the basis of after-discovered gross misconduct but also to go a step further and try to recover the salaries or bonuses already paid to the employee prior to discovery of the misconduct.’
Sports Law Bulletin, 7th June 2016
Source: www.sportslawbulletin.org
Singh v Secretary of State for the Home Department [2016] EWCA Civ 492
‘When a party seeks to appeal to the Upper Tribunal on the grounds that there had been bias or misconduct on the part of the First-tier Tribunal, the following guidance should be followed. (1) Any application for permission to appeal, if based (in whole or part) on such a ground, should be closely scrutinised. Such an allegation, if to be sufficient to merit the grant of permission at all, should ordinarily be expected to be properly particularised and appropriately evidenced. (2) If an allegation of bias or misconduct is raised which is adjudged sufficient to merit the grant of permission to appeal then it should be normal practice for the Upper Tribunal thereafter to obtain the written comments of the judge concerned. (3) Such written comments of the judge, where obtained, should be provided to the parties for the purposes of the appeal hearing in the Upper Tribunal. In addition, any such written comments should be retained on the file pending any possible further appeal to the Court of Appeal. (4) There may be some cases where it may be necessary to obtain the tribunal judge’s own note or record of the entire hearing since proceedings in the First-tier Tribunal are not ordinarily recorded and no transcript of the hearing will be available. (5) It will normally be likely to be of assistance to the Upper Tribunal to know what the advocate for the respondent has to say as to what happened or what was said before the First-tier Tribunal. Providing such observations is more likely to help produce a fuller and accurate picture of what actually happened or was said in the First-tier Tribunal. Where the advocate does not have a precise note or recollection, the Upper Tribunal can be told. (6) Whether oral evidence is needed at the hearing of the appeal on the issue of what happened or what was said below should be carefully considered by the parties. (7) It is likely to be important in appeals of this nature for the file to be reviewed and any directions given by an Upper Tribunal judge in good time before the substantive appeal hearing (para 53).’
WLR Daily, 27th May 2016
Source: www.iclr.co.uk
‘Sussex police have been strongly criticised by the force watchdog after an 11-year-old disabled girl was hooded, handcuffed and detained in custody for a total of more than 60 hours.’
The Guardian, 8th June 2016
Source: www.guardian.co.uk
‘Relatives of the 96 people who died at Hillsborough have told the home secretary they want a “Hillsborough Law” to compel public officials to tell the truth at inquiries.’
BBC News, 2nd June 2016
Source: www.bbc.co.uk
‘Nineteen people have refused to assist an independent investigation into the role of West Midlands police after the Hillsborough disaster.’
The Guardian, 2nd June 2016
Source: www.guardian.co.uk
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