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Caution: avoid mention of legal advice in statements
- Bircham Dyson Bell
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- United Kingdom
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- August 5 2011
The Court of Appeal in the case of D (a child) has held that the attachment of privilege to legal advice was waived when that advice was referred to in detail in the contents of a witness statement from one of the parties in child care proceedings
Supreme Court rules on legal representation at disciplinary hearings
- Bircham Dyson Bell
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- United Kingdom
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- August 5 2011
The Supreme Court has heard the appeal in R (on the application of G) v Governors of X School 2011 UKSC 30 brought by a School against a decision by the High Court (upheld by the Court of Appeal) that G, a teacher accused of inappropriate sexual misconduct with a pupil, should be entitled to legal representation at his disciplinary hearing
Hearsay evidence not admissible
- Bircham Dyson Bell
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- United Kingdom
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- August 5 2011
The Administrative Court has held to be ‘irrational’ and a breach of Article 6 of the ECHR a decision by the General Medical Council (GMC) to admit hearsay evidence when such evidence would not be admissible under the criminal laws of evidence
New decision on marital status discrimination
- Bircham Dyson Bell
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- United Kingdom
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- February 10 2012
In Dunn v Institute of Cemetery and Crematorium Management, the EAT has held that discrimination by reason of ‘marital status’ can include less favourable treatment because an employee is married to a particular person, rather than just because that employee is married
