Katherine Apps on New Data Protection Case from Court of Appeal – Littleton Chambers

Posted February 17th, 2017 in data protection, disclosure, employment, employment tribunals, news by sally

‘Following the case of Durant v Financial Services Authority [2004] FSR 573 it became common for an employer to resist providing disclosure to an employee who makes a subject access request under the Data Protection Act 1998 wholly or mainly in order to obtain material which would assist in pursuing litigation.’

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Littleton Chambers, 16th February 2017

Source: www.littletonchambers.com

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Court of Appeal criticises expert who failed to disclose “close connection” with defendant – Litigation Futures

Posted February 15th, 2017 in disclosure, doctors, evidence, expert witnesses, negligence, news by sally

‘A medical expert who failed to disclose that he had trained the defendant on whose behalf he was giving evidence and that they had “worked together closely for a substantial period” has been criticised by the Court of Appeal’

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Litigation Futures, 14th February 2017

Source: www.litigationfutures.com

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Knowing where your data is processed in the cloud not central to exercising control over it, says expert – OUT-LAW.com

‘It should not be obligatory for banks in the UK to pre-agree where their data will be processed and stored when contracting with cloud service providers.’

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OUT-LAW.com, 13th February 2017

Source: www.out-law.com

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Met Police ‘shredded internal documents after inquiry into undercover officers launched’ – The Independent

Posted February 10th, 2017 in complaints, disclosure, evidence, inquiries, news, police, spying by tracey

‘The Independent Police Complaints Commission (IPCC) is investigating accusations a top police unit deleted a mass of files shortly after the announcement of a major probe that was to look into its activities.’

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The Independent, 9th February 2017

Source: www.independent.co.uk

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Sharp v Leeds City Council – WLR Daily

Sharp v Leeds City Council [2017] EWCA Civ 33

‘The claimant alleged that an accident in which she sustained an injury had been caused by the failure of the local authority to maintain a footpath, in breach of its statutory duty. As the damages alleged were less than £25,000 or less, the claim fell within the purview of the Pre-Action Protocol for Low Value Personal Injury (Employer’s Liability and Public Liability) Claims (“EL/PL Protocol”). The claimant commenced the claims process pursuant to the protocol by loading a claim notification form (“CNF”) via the online Portal process, alleging breach of statutory duty under the Highways Act 1980. The claim subsequently ceased to continue within the EL/PL Protocol and thereafter fell within the Pre-action Protocol for Personal Injury Claims (“the Personal Injury Protocol”), the claimant’s CNF being treated as a letter of claim. As the local authority failed to provide the required pre-action disclosure within the prescribed time pursuant to the Personal Injury Protocol, the claimant made a pre-action disclosure application to the County Court under section 52 of the County Courts Act 1984. The district judge awarded her the costs of the pre-action disclosure application, summarily assessing them on the standard basis at £1,250. He treated the fixed costs regime provided by Section IIIA of CPR Pt 45 as inapplicable to the costs of applications under section 52 in respect of claims which had started, but no longer continued, under the EL/PL Protocol. However, on appeal, a different judge concluded that the fixed costs regime did apply, and the costs payable were reduced to £305.’

WLR Daily, February 2017

Source: www.iclr.co.uk

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Official Secrets Acts reviewed to meet the challenges of the 21st Century – Law Commission

‘The Officials Secret Acts are being independently reviewed to ensure that the law is keeping pace with the challenges of the 21st century.’

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Law Commission, 2nd February 2017

Source: www.lawcom.gov.uk

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Fixed Costs Apply in PAD Applications for Claims Which Leave The EL/PL Portal: Sharp v Leeds City Council [2017] EWCA Civ 33 – Zenith PI Blog

‘The Court of Appeal considered a “short but important point of interpretation of the Civil Procedure Rules” concerning the costs of pre-action disclosure (“PAD”) applications in cases which started, but no longer continue, under the EL/PL Protocol.’

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Zenith PI Blog, 2nd February 2017

Source: www.zenithpi.wordpress.com

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Publishing prices: SRA to start with divorce, wills, conveyancing and simple SME work – Legal Futures

‘The Solicitors Regulation Authority (SRA) is planning to require law firms to publish their fees for services such as divorce, wills or conveyancing, it has emerged.’

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Legal Futures, 26th January 2017

Source: www.legalfutures.co.uk

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The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation? – Family Law Week

‘Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.’

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Family Law Week, 19th January 2017

Source: www.familylawweek.co.uk

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SRA ordered to disclose report into law firm investigation – Legal Futures

‘The Law Society’s freedom of information adjudicator has ordered the Solicitors Regulation Authority (SRA) to disclose an investigator’s report, saying the regulator had overlooked “the public interest in transparency as a good in itself”.’

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Legal Futures, 5th January 2017

Source: www.legalfutures.co.uk

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Privilege – Closing the Stable Door – Zenith PI Blog

Posted January 4th, 2017 in accounts, disclosure, negligence, news, privilege, solicitors by tracey

‘Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the Court of Appeal in the recent case of Eurasian Natural Resources Corp Ltd v Dechert LLP [2016] 1WLR 5027.’

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Zenith PI blog, 3rd January 2017

Source: www.zenithpi.wordpress.com

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Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy – UK Constitutional Law Association

‘The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations concerning George Galloway MP’s controversial Iraq charity, the Miriam Appeal. He applied for disclosure of documents under the Freedom of Information Act, arguing that a prohibition from disclosure under s 32 should be interpreted compatibly with Article 10, as required by s 3 of the HRA. However, the Supreme Court declined to follow the recent ECtHR case law, holding that Article 10 did not encompass a right of access to information, deprecating the parties’ failure to rely upon the common law right to information and disagreeing over the question of whether proportionality should replace Wednesbury unreasonableness: see my previous post on this here.’

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UK Constitutional Law Association, 13th December 2016

Source: www.ukconstitutionallaw.org

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FCA seeks reforms in 2017 to some crowdfunding rules – OUT-LAW.com

Posted December 12th, 2016 in disclosure, financial regulation, loans, news by sally

‘The Financial Conduct Authority (FCA) will seek to address potential investor detriment by outlining proposed reforms to crowdfunding rules in the early part of 2017, the regulator has said.’

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OUT-LAW.com, 9th December 2016

Source: www.out-law.com

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Finance and Divorce Update, December 2016 – Family Law Week

‘Sue Brookes, Senior Associate for Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during November 2016.’

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Family Law Week, 3rd December 2016

Source: www.familylawweek.co.uk

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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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