Senior judge: bigger fine discounts needed for companies agreeing deferred prosecution agreements – OUT-LAW.com

‘Companies should receive substantial discounts on fines if they enter into deferred prosecution agreements (DPAs) with the Serious Fraud Office (SFO) after uncovering and self-reporting corruption offences, according to one of the UK’s most senior judges.’

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OUT-LAW.com, 30th June 2016

Source: www.out-law.com

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English court upholds freezing order, jails directors for refusal to disclose assets – OUT-LAW.com

Posted June 29th, 2016 in company directors, disclosure, freezing injunctions, news, sentencing by sally

‘The current and former directors of Hong Kong company Nu Tek have been sentenced to 18 and 12 months’ imprisonment for breaching a worldwide freezing order.’

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OUT-LAW.com, 28th June 2016

Source: www.out-law.com

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Tribunal backs refusal by transport body to disclose 2005 legal opinion – Local Government Lawyer

Posted June 28th, 2016 in disclosure, freedom of information, news, transport, tribunals by sally

‘The First-tier Tribunal has upheld a transport body’s refusal to disclose, following a freedom of information request, advice given by counsel in 2005.’

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Local Government Lawyer, 27th June 2016

Source: www.localgovernmentlawyer.co.uk

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Party penalised in case ‘crying out’ for sensible negotiation – Law Society’s Gazette

Posted June 27th, 2016 in costs, disclosure, dispute resolution, documents, evidence, news by sally

‘The High Court has sent a strong message about non-disclosure and failing to negotiate by penalising a party over costs.’

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Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

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Conflicts of interest – Law Society’s Gazette

‘In the recent decision of W Ltd v M SDN BHD [2016] EWHC 422, Knowles J considered a challenge by the claimant of an arbitral award on the grounds of ‘serious irregularity’ under section 68(2) of the Arbitration Act 1996. That section provides that ‘serious irregularity’ means an irregularity ‘which the court considers has caused or will cause substantial injustice to the applicant’. The claimant alleged apparent bias on behalf of the sole arbitrator, H, based on alleged conflict of interest.’

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Law Society’s Gazette, 27th June 2016

Source: www.lawgazette.co.uk

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High court refuses to publish Ben Butler judgment from 2014 – The Guardian

‘A high court judge has refused to publish a 2014 judgment on the death of Ellie Butler on the grounds that her father, who has been jailed for life for her murder, might in the future face a retrial.’

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The Guardian, 22nd June 2016

Source: www.guardian.co.uk

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Home Office refuses to reveal whether women in Yarl’s Wood have been raped in case it ‘damages the commercial interests’ of companies – The Independent

‘Last year, the chief prisons inspector called Yarl’s Wood ‘a place of national concern’ following concerns over alleged sexual abuse and intimidation of women detained there.’

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The Independent, 13th June 2016

Source: www.independent.co.uk

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Hillsborough: the key lessons for our justice system – Law Society’s Gazette

‘What can lawyers learn from the tortuous 27-year struggle for justice?

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Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

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‘Reasonable’ costs bill halved under proportionality test – Law Society’s Gazette

‘The senior costs judge has slashed a claimant’s costs bill in a high-profile media case because of the proportionality tests brought in by the Jackson reforms – despite deeming it to be ‘reasonable and necessary’.’

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Law Society’s Gazette, 6th June 2016

Source: www.lawgazette.co.uk

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New protocol for criminal defence on prosecution ‘failures’ – Law Society’s Gazette

‘A practitioner group is challenging what it claims to be ‘repeated’ failures by prosecutors to disclose information on time by issuing a step-by-step guide for criminal defence solicitors.’

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Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

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Man ordered to tell police of sex plans ‘devastated’ – BBC News

Posted June 9th, 2016 in disclosure, news, police, sexual offences, time limits by sally

‘A man who must give police 24 hours’ notice before he has sex after he was cleared of rape has said the ruling “puts an end to your life”.

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BBC News, 8th June 2016

Source: www.bbc.co.uk

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Regina v AXN; Regina v ZAR – WLR Daily

Regina v AXN; Regina v ZAR [2016] EWCA Crim 590

‘Where an offender convicted of a crime has rendered assistance to the police or other law enforcement authorities, the police may provide the court with information regarding the assistance rendered in a confidential letter signed by a senior police officer, known as a “text”, but the obligation of the police to provide a text when requested by the offender is a very limited one. Although the court will always expect the police to inform the court of the fact that the police have made a decision not to provide a text as matter of case management, it is sufficient if the police merely state that they will not provide any information to the court in relation to the offender’s assertions of assistance. The police are not required to give any explanation of their reasons for the decision, or the stage at which they decided not to provide any information. The police need do no more than say that the police will not provide any information to the court. Such a statement to the court can generally be provided by letter and not by text. There may unusually be circumstances where the police would have to reveal in the reply the assertions of the offender that he had provided assistance; in such a case it might therefore be necessary to provide the response in the form of a text. Whether it is provided by letter or text, it must be signed by a senior officer of police (normally a superintendent) or an equivalent senior official in other law enforcement agencies (paras 6, 18, 22).’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

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McTear & Williams v Engelhard and Others [2016] EWCA Civ 487 – New Square Chambers

Posted June 2nd, 2016 in appeals, disclosure, news, retrials, witnesses by sally

‘In yet another case in which a first instance judge applied the principles laid down in Mitchell v News
Group Newspapers Ltd [2013] EWCA Civ 1537 wrongly and unjustly, the Court of Appeal has today
allowed the defendants’ appeal, set aside the judgment, and ordered a re-trial, writes Jonathan Lopian.’

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New Square Chambers, 24th May 2016

Source: www.newsquarechambers.co.uk

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Relatives campaign for ‘Robin’s law’ to oblige care homes to inform family if a loved one is ill – The Guardian

‘As a new inquest approaches into the death of their autistic sister, family continues to fight for a law to boost the rights of relatives.’

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The Guardian, 1st June 2016

Source: www.guardian.co.uk

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High Court orders in favour of e-disclosure predictive coding in first contested case – OUT-LAW.com

Posted May 27th, 2016 in case management, disclosure, electronic filing, news by tracey

‘The High Court has backed the use of predictive coding in a litigation disclosure exercise, in what is being reported as the first use of the technology without the consent of all parties.’

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OUT-LAW.com, 25th May 2016

Source: www.out-law.com

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Chambers in “widespread non-compliance” with diversity rules, study finds – Legal Futures

‘Large numbers of barristers’ chambers are flouting an obligation to publish diversity data and the Bar Standards Board (BSB) has been “unsophisticated” in its implementation of Legal Services Board (LSB) diversity rules, an influential academic has charged.’

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Legal Futures, 23rd May 2016

Source: www.legalfutures.co.uk

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UK plans full throttle on driverless cars and broadband reform – Technology Law Update

‘Amongst the political noise of the Brexit campaign, the UK’s legislative plans set out in the Queen’s speech yesterday received less attention than usual. But there were some important points to note for the technology sector.’

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Technology Law Update, 19th May 2016

Source: www.technology-law-blog.co.uk

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City firm wins first contested application for use of predictive coding – Litigation Futures

Posted May 20th, 2016 in case management, disclosure, electronic filing, law firms, news by tracey

‘City law firm Berwin Leighton Paisner (BLP) has won what it believes to be the first contested application to use predictive coding as part of a substantial document review exercise.’

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Litigation Futures, 19th May 2016

Source: www.litigationfutures.com

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IPCC launches inquiry into collapse of gang-rape case – The Guardian

Posted May 19th, 2016 in complaints, disclosure, evidence, inquiries, news, police, rape by sally

‘The police watchdog is to examine a flawed investigation of an alleged gang-rape at a university ball that collapsed as the trial of four young men accused of the crime was about to start.’

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The Guardian, 18th May 2016

Source: www.guardian.co.uk

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Conservatives receive High Court challenge to hand over election spending information – Daily Telegraph

Posted May 13th, 2016 in disclosure, elections, expenses, news, political parties by tracey

‘The Conservatives are being taken to court over claims they failed to disclose information related to its investigation into claims that it breached election spending rules.’

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Daily Telegraph, 12th May 2016

Source: www.telegraph.co.uk

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