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06 December 2013
Issue: 7587 / Categories: Case law , Law digest , In Court
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Solicitor

Obi v Solicitors Regulation Authority [2013] EWHC 3578 (Admin), [2013] All ER (D) 271 (Nov)

It was settled law that the solicitor’s disciplinary tribunal comprised an expert and informed tribunal, which was particularly well placed, in any case, to assess what measures were required to deal with defaulting solicitors and to protect the public interest. Absent any error of law, the High Court had to pay considerable respect to the sentencing decisions of the tribunal. Further, an appellate court should not interfere with the trial judge’s conclusion on proportionality in such a case, unless it decided that the conclusion had been wrong. A decision would not be wrong simply because the appeal court might, had it been sitting at first instance, have awarded a different sentence. There would be a number of cases where an appellate court might think that there was no right answer, in the sense that reasonable judges could differ in their conclusions. In such cases, any appeal had to be dismissed.

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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