28 results
Concurrent civil and criminal proceedings: a new approach?
Professional clients may find themselves facing both civil and criminal proceedings on the same issue and this can create particular difficulties for them. If concurrent civil, criminal and or regulatory proceedings are a possibility, then it is important that the client has a legal team that more...
9 Apr 2018 10:54
David Lidbury appointed to Sport Resolutions’ Panel of Arbitrators and Mediators.David’s appointment will run from 1 April 2018 until 31 March 2021, alongside his usual busy practice. Sport Resolutions is the independent dispute resolution service for sport in the United Kingdom. The Panel of Arbitrators and Mediators includes many of the top legal, financial, medical, more...
The meaning of “professional misconduct” in barrister disciplinary proceedings
The meaning of “professional misconduct” in barrister disciplinary proceedings Marc Beaumont, FCIArb, barrister 1. In practice as in life we regularly use language that we do not pause to define. For those who practise in the field of professional discipline, we speak of “professional misconduct”. more...
28 Mar 2018 09:59
Riaz v Ashwood: The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file.Note by Stephen Innes of 4 New Square. The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file. Hat-tip to my colleague Paul Parker of 4 New Square, who appeared for the successful solicitor. Master James has noted that courts are receiving a more...
22 Mar 2018 16:37
R v The FRC [2018] EWHC 446: No Third Party Rights in the FRC?Shail Patel of 4 New Square considers this High Court decision in which the Court found that an individual (C) did not have the right to be heard at an FRC Tribunal hearing, nor a right to redaction of findings against him prior to publication of the Report. The Issue A Tribunal appointed under the more...
20 Mar 2018 14:45
What can the collapse of Carillion teach us about the overlapping web of powers available against companies, their directors and auditors?Jamie Smith QC and Helen Evans, 4 New Square. Carillion PLC collapsed in January 2018. By the end of March 2018, at least three strands of regulatory or disciplinary procedures were being pursued as a consequence of the way the company had allegedly been conducted. The Financial Conduct Authority more...
19 Mar 2018 12:19
What does it mean to be lacking in integrity?The Court of Appeal has now uttered the last word (and in Jackson LJ’s case, literally so, that being his final judgment before retiring) in the dishonesty/integrity debate which has kept regulatory and disciplinary lawyers busy for well over a decade. In the eagerly-awaited decision in the more...
IN THE LINE OF FIRE?
Breach of trust and related claims against solicitors
Introduction 1. Earlier this year solicitors up and down the country raised, or certainly should have raised, a glass or two to toast the good health of Lord Sumption JSC, for his judgment in the case of Gabriel v Little, or Hughes-Holland v BPE Solicitors – whichever you prefer. Either way, the more...
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