By: Leanne Woods


Is Sharing Caring? Disclosures from the Family Courts to Professional Regulators

14 March 2023 by

The Guardian newspaper reported the decision in Re X (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam) with the headline, “social worker who abused ex-partner loses fight to keep details from regulator”. Reading that one might instinctively think, “well, of course he lost”. For my part, when I read beyond the Guardian’s journalism and into Knowles J’s 67 paragraph judgment in this matter, I may also have thought “well, of course he lost”.

 


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When can a dishonest professional receive a lesser sanction of suspension?

15 November 2018 by

iraq war human rights compensation civilian Camp Bassa compensation damages conflict of laws international humanitarian lawSolicitors Regulation Authority v James, MacGregor and Naylor [2018] EWHC 3058 (Admin) — read judgment here.

In three appeals, the Divisional Court considered the circumstances in which a solicitor might avoid being struck off the Roll after findings of dishonesty in disciplinary proceedings. In short, if you are a dishonest solicitor, striking off will be hard to avoid. The impact on other regulated professions is up for grabs.

 

Facts

In three separate cases the Solicitors Regulation Authority (the ‘SRA’) appealed against the sanction decision of the Solicitors Disciplinary Tribunal (the ‘SDT’). In each case the SDT made findings of dishonesty against a solicitor but then found exceptional circumstances that justified a lesser sanction of suspension rather than striking off. In fact, in all three cases the suspension imposed was itself suspended. The SRA argued that there were no exceptional circumstances and the sanctions were unduly lenient.

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Simplicity could have been a virtue for the well-meaning PSNI…

2 February 2017 by

Flags parade belfast.jpg

Sometimes, in law as in life, keeping things simple is the best approach. Unfortunately for the Police Service of Northern Ireland (‘PSNI’), the Supreme Court found in DB v Chief Constable of PSNI [2017] UKSC 7 that the Force had made both the law and its life, in policing parades in Belfast, more complicated than it needed to be.

This appeal from a judicial review decision was all about the PSNI’s powers, and its understanding of its own powers, to police illegal parades in Belfast. Fittingly, the judgement was delivered by Lord Kerr, Northern Ireland’s former Lord Chief Justice, who (as Wikipedia reliably tells me) is an alumni of Queen’s University, Belfast. The underlying facts will be familiar to anyone with a passing interest in the knock-about politics of Northern Ireland and they drew on those most pressing of issues there: parades and flags.

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Best interests, hard choices: The Baby C case

19 November 2015 by

Royal courtsJudgments in best interests cases involving children often make for heart-wrenching reading. And so it was in Bolton NHS Foundation Trust v C (by her Children’s Guardian) [2015] EWHC 2920 (Fam), a case which considered Royal College of Paediatrics and Child Health guidance, affirming its approach was in conformity with Article 2 and Article 3 ECHR. It also described, in the clearest terms, the terrible challenges facing C’s treating clinicians and her parents.
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Aarhus Abortion Abu Qatada Abuse Access to justice administrative court adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Appeals Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 7 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders charities Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus Coroners costs court of appeal Court of Protection covid crime Cybersecurity Damages Dartmoor data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability disclosure Discrimination disease divorce DNA domestic violence duty of candour duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal enforcement Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance football foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza gender genetics Germany gmc Google Grenfell Health healthcare high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Jalla v Shell Japan Japanese Knotweed Judaism judicial review jury trial JUSTICE Justice and Security Bill Land Reform Law Pod UK legal aid legality Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health military Ministry of Justice modern slavery monitoring murder music Muslim nationality national security NHS Northern Ireland nuclear challenges nuisance Obituary ouster clauses parental rights parliamentary expenses scandal Parole patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Private Property Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries public law Regulatory Proceedings rehabilitation Reith Lectures Religion RightsInfo Right to assembly right to die right to family life Right to Privacy Right to Roam right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence sexual orientation Sikhism Smoking social media Social Work South Africa Spain special advocates Sports Standing statelessness Statutory Interpretation stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh united nations unlawful detention USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks Wild Camping wind farms WomenInLaw YearInReview Zimbabwe
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