Not so great at defence – MoD loses case after disclosure failure – Litigation Futures

Posted November 28th, 2016 in armed forces, disclosure, news, personal injuries, striking out by tracey

‘The Ministry of Defence (MoD) has had its defence to a multi-million pound personal injury claim struck out by the High Court for failing to comply with an unless order over its disclosure obligations.’

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Litigation Futures,25th November 2016

Source: www.litigationfutures.com

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UK government right to refuse release of secret documents – high court – The Guardian

Posted November 24th, 2016 in closed material, disclosure, documents, intelligence services, news, poisoning by tracey

‘The government can keep secret “super-sensitive” documents from Britain’s spy agencies that might shed light on the mystery death of a fugitive Russian, the high court has ruled.’

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The Guardian, 23rd November 2016

Source: www.guardian.co.uk

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Rape law review after footballer Ched Evans’s trial – BBC News

Posted November 17th, 2016 in disclosure, news, rape, victims by sally

‘The law protecting alleged rape victims from disclosing details of their sex lives will be reviewed in the wake of Wales footballer Ched Evans’s case.’

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BBC News, 16th November 2016

Source: www.bbc.co.uk

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Use of electronic trial bundles in the civil courts: the pros and cons – OUT-LAW.com

Posted November 16th, 2016 in case management, disclosure, documents, electronic filing, news by sally

‘FOCUS: Growing support for the use of digital technology in the UK courts means it is now easier and quicker for parties to litigation to view and exchange court papers.’

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OUT-LAW.com, 15th November 2016

Source: www.out-law.com

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Committal Applications in the Absence of the Defendent: Two Recent Cases, By Ashley Cukier – Littleton Chambers

Posted November 9th, 2016 in committals, disclosure, evidence, loans, news by sally

‘Ashley Cukier considers two recent judgments of the High Court (Alfa Bank v Reznik [2016] EWHC B21 (Comm) and Taylor v Van Dutch Marine & Others [2016] EWHC 2201 (Ch)), which demonstrate the courts’ willingness, if the circumstances justify it, to hear committal applications in the absence of the defendant.’

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Littleton Chambers, 6th October 2016

Source: www.littletonchambers.com

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Preservation of Evidence and Misconduct During Employment: Is the Law Right? – Littleton Chambers

Posted November 9th, 2016 in confidentiality, disclosure, documents, employment, news, wrongful dismissal by sally

‘An employee believes that the working relationship with her employer is breaking down. She anticipates future disputes about a bonus, and any imminent future termination. Wanting to ensure that she has key documents available in case she needs to seek advice or prove a future claim, she emails some of them – including confidential documents – to a hotmail account. Has she done anything wrong?’

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Littleton Chambers, 4th October 2016

Source: www.littletonchambers.com

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Regina v Sardar (Anis Abid) – WLR Daily

Posted November 8th, 2016 in anonymity, appeals, conspiracy, disclosure, evidence, explosives, law reports, murder, witnesses by sally

Regina v Sardar (Anis Abid) [2016] EWCA Crim 1616

‘The defendant was charged with murder, conspiracy to murder and, as an alternative count, conspiracy to cause an explosion. It was the Crown’s case that the defendant had been directly involved in the construction and/or deployment of improvised explosive devices (IEDs), one of which had caused the death of an American soldier near Baghdad in September 2007. The defendant’s case was that he had been acting in lawful and proportionate defence of Sunni communities who were under threat from Shia militia; his fingerprints had been found on two of the bombs, although not the one which had resulted in the fatal explosion. The defendant was convicted of murder and conspiracy to murder; no verdict was sought on the alternative count of conspiracy to cause an explosion. He appealed against conviction on the ground, inter alia, of fresh evidence from two anonymous witnesses (C and D) who were now available to give evidence as to the frequency and quality of attacks by the Shia militia on the Sunni communities and the need for the Sunnis to act in self-defence. C and D were prepared to disclose their identities to the court and, within a strict “confidentiality ring”, to counsel for the Crown, the Crown Prosecution Service lawyer and two senior investigating officers with undertakings that there should be no further disclosure to anyone. However, the Crown was not prepared to give such undertakings. The defendant applied for an order under section 87(3) of the Coroners and Justice Act 2009 (which required the defendant to inform the court and the prosecutor of the identity of the witness) for anonymity measures to be put in place. It was submitted that although the “prosecutor” had to be informed, that did not necessarily envisage disclosure beyond the person of the prosecutor.’

WLR Daily, 18th October 2016

Source: www.iclr.co.uk

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Regina v Norman (Robert) – WLR Daily

Regina v Norman (Robert) [2016] EWCA Crim 1564

‘The defendant was a prison officer who was paid more than £10,000 by a tabloid journalist in return for information about the prison which formed the subject matter of numerous published articles. He was charged with one count of misconduct in public office. The newspapers voluntarily disclosed evidence of the defendant’s identity and conduct. It was the prosecution case that the stories did not, save in a few cases, have any public interest and that the defendant knew that what he was doing was very wrong given the scale and scope of his activities, conducted behind his employer’s back, in return for substantial payments which were routed via his son’s bank account in order to conceal them. The defendant was convicted. He appealed against conviction the grounds that (i) the judge should have acceded to his submission to stay the proceedings as an abuse of process since the defendant’s identity and the evidence upon which the prosecution depended had been obtained by police misconduct in putting pressure upon the newspapers to give disclosure in order to avoid corporate prosecution; and (ii) the judge should have acceded to his submission of no case to answer, since the defendant’s misconduct did not meet the high threshold of seriousness required for it to be characterised as a criminal abuse of the public’s trust in him as an officer holder.’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk

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Rape suspects to lose right to know accuser’s identity under new bill – The Guardian

Posted October 27th, 2016 in anonymity, bills, disclosure, news, rape, sexual offences, victims by sally

‘Rape suspects will lose the right to be told the names of their accusers in stranger cases under a move to change the law on sexual assaults. Campaigners claim victims of serious sexual crimes by strangers are frequently put in unnecessary danger by police officers disclosing the name of the accuser to the accused.’

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The Guardian, 27th October 2016

Source: www.guardian.co.uk

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Whose Article 10 rights – the journalist or the confidential source? – Panopticon

Posted October 26th, 2016 in appeals, confidentiality, disclosure, human rights, media, news, police by sally

‘Does a media corporation breach a source’s article 10 rights by voluntarily disclosing their identity to the police? Is source confidentiality lost by criminal conduct? These are the questions that the Court of Appeal had to grapple with in the appeal against conviction brought by former prison officer Robert Norman.’

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Panopticon, 24th October 2016

Source: www.panopticonblog.com

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Newspapers warned of heavy fines if they identify sex case victims – The Guardian

Posted October 12th, 2016 in anonymity, disclosure, fines, media, news, victims by tracey

‘Media lawyers have warned that the next national newspaper found guilty of identifying the alleged victim of a sexual assault is likely to face a six-figure penalty, following the latest case, which has resulted in an £80,000 fine for the Telegraph.’

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The Guardian, 11th October 2016

Source: www.guardian.co.uk

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Duplication in inquests – UK Human Rights Blog

Posted October 7th, 2016 in aircraft, disclosure, EC law, inquests, news by tracey

‘The Divisional Court in R(Secretary of State) v Her Majesty’s Chief Coroner for Norfolk (British Airline Pilots intervening) made some potentially noteworthy comments regarding the coronial role and the need to avoid duplicating previous investigations.’

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UK Human Rights Blog, 7th October 2016

Source: www.ukhumanrightsblog.com

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Operation Midland: VIP child abuse report will not be published in full – The Guardian

Posted October 6th, 2016 in child abuse, disclosure, London, news, police, reports, sexual offences by tracey

‘Scotland Yard has said it will not publish the full report on its heavily criticised investigation of child sexual abuse allegations against VIPs because it contains “confidential and sensitive information”.’

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The Guardian, 5th October 2016

Source: www.guardian.co.uk

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UK court bars GMC from releasing report into doctor’s professional competence to patient on privacy grounds – OUT-LAW.com

‘A doctor has successfully prevented the General Medical Council (GMC) from disclosing a report concerning an investigation in his professional competence to one of his patients.’

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OUT-LAW.com, 4th October 2016

Source: www.out-law.com

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Government forced to release ‘secret arguments’ for triggering Article 50 ahead of anti-Brexit legal challenge – The Independent

Posted September 29th, 2016 in constitutional reform, disclosure, documents, EC law, news, parliament, referendums by tracey

‘A legal bid challenging Brexit has secured its first major success ahead of a High Court hearing. A senior judge has ordered the Government to reveal ‘secret’ legal arguments which it says means parliament does not have to be consulted on when to trigger Article 50. The decision has been heralded a major victory as a series of legal challenges trying to block Brexit are beginning.’

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The Independent, 28th September 2016

Source: www.independent.co.uk

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Courts increasingly willing to ‘show teeth’ against those that fail to comply with disclosure orders, says expert- OUT-LAW.com

Posted September 14th, 2016 in contempt of court, disclosure, enforcement, news by tracey

‘A new ruling shows that UK courts are increasingly willing to “show their teeth” in cases where people and businesses fail to comply with court orders, a civil fraud and asset recovery specialist has said.’

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OUT-LAW.com, 13th September 2016

Source: www.out-law.com

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E-disclosure first for LLM students – Litigation Futures

Posted September 13th, 2016 in computer programs, disclosure, legal education, news by sally

‘LLM students at the school of law at Queen Mary University of London will next month become the first in the UK to be part of a new academic course in e-disclosure.’

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Litigation Futures, 12th September 2016

Source: www.litigationfutures.com

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Countess of Caledon ordered to pay legal costs over ‘ill-founded’ claims life coach ‘poisoned’ daughter’s mind – Daily Telegraph

Posted September 12th, 2016 in appeals, costs, disclosure, families, harassment, mental health, news, police by sally

‘A senior judge has said that claims by a countess that a personal development coach “poisoned” her daughter’s mind against her family are “ill-founded”.’

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Daily Telegraph, 10th September 2016

Source: www.telegraph.co.uk

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A watershed moment? – New Law Journal

Posted September 1st, 2016 in case management, computer programs, costs, disclosure, news by sally

‘Is 2016 the year of technology assisted review, ask Andy McGregor & Daniel Wyatt.’

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New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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Improperly obtained freezing order can prove costly, says expert – OUT-LAW.com

Posted August 31st, 2016 in damages, disclosure, freezing injunctions, injunctions, news by sally

‘A company that obtained a freezing injunction which prevented a businessman from investing his assets has been told it will have to pay “tens of millions of dollars” in damages by the High Court in London.’

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OUT-LAW.com, 31st August 2016

Source: www.out-law.com

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