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Weekly law digests

15 December 2017
Issue: 7774 / Categories: Case law , Law digest , In Court
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Disciplinary proceedings

Bar Standards Board v Crawford [2017] EWHC 3101 (Admin), [2017] All ER (D) 21 (Dec)

The sanction of a reprimand imposed on the respondent had been within the appropriate range open to the Disciplinary Tribunal of the Council of the Inns of Court. Accordingly, the Divisional Court dismissed the appellant Bar Standards Board’s appeal. It further made observations arising out of the appeal that might assist future appeals by the Bar Standards Board.

Contempt of court

Simmonds (as trustee in bankruptcy of Mr Albert James Pearce) v Pearce (a bankrupt) [2017] EWHC 3126 (Admin), [2017] All ER (D) 10 (Dec)

As it was the first time that an application for committal had been lodged with the Administrative Court in respect of breaches of the Insolvency Act 1986, ss 312, 333 and 363 using the procedure set out in CPR 81.15, the Divisional Court gave guidance on the correct procedure. It then endorsed the claimant trustee in bankruptcy’s certification that the respondent bankrupt, without reasonable excuse, had failed to comply with his obligation under

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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