High Court dismisses judicial review challenge to HMRC’s decision to restrict the availability of the Liechtenstein disclosure facility – RPC Tax Take

Posted February 22nd, 2016 in disclosure, HM Revenue & Customs, judicial review, news, taxation by sally

‘In R (on the application of City Shoes Wholesale Ltd) v Revenue & Customs Commissioners [2016] EWHC 107 (Admin), the High Court rejected an application for judicial review of HMRC’s refusal to grant the nine claimants, all of whom had operated employee benefit trusts (EBTs), the full benefits of the Liechtenstein disclosure facility (LDF). The court dismissed the claimants’ application for judicial review on the basis that their applications were never registered and therefore they had no legitimate expectation to receive full benefit of the LDF, and there had been no abuse of power or error of law by HMRC.’

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RPC Tax Take, 18th February 2016

Source: www.rpc.co.uk

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UK court approves use of predictive coding as basis for e-disclosure for the first time – OUT-LAW.com

Posted February 19th, 2016 in computer programs, costs, courts, disclosure, documents, news by sally

‘A UK court has approved for the first time the use of predictive coding as a basis for determining which electronic documents are relevant to a dispute.’

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OUT-LAW.com, 18th February 2016

Source: www.out-law.com

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High Court approves use of predictive coding – Litigation Futures

Posted February 17th, 2016 in computer programs, costs, courts, disclosure, documents, news by michael

‘The High Court has approved the use of predictive coding in e-disclosure, for what is believed to be the first time in this jurisdiction.’

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Litigation Futures, 17 February 2016

Source: www.litigationfutures.com

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Pursuing damages for bribery in the civil courts – OUT-LAW.com

‘Under the 2010 Bribery Act, bribery is a criminal offence and companies are required to have in place adequate procedures in order to prevent those associated with them from undertaking bribery. Adequate procedures provide the company with a defence to the criminal offences set out in the Act. However, what is often overlooked is the ability of the company to pursue both the recipient of the bribe as well as the briber for its financial losses and, in some cases, damages for fraud.’

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OUT-LAW.com, 16 February 2016

Source: www.out-law.com

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MPs to use Human Rights Act to claim anonymity if arrested by police – Daily Telegraph

Posted February 8th, 2016 in anonymity, disclosure, human rights, inquiries, media, news, parliament, police, privacy by tracey

‘MPs will use human rights laws this week to prevent politicians being named the House of Commons after their arrest.’

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Daily Telegraph, 7th February 2016

Source: www.telegraph.co.uk

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Babbage: Court orders release of Zimbabwean foreign criminal, criticises Government lawyers – Free Movement

Posted February 3rd, 2016 in deportation, detention, disclosure, drug offences, news, passports, solicitors, Zimbabwe by sally

‘In the case of R (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 (Admin) Mr Justice Garnham ordered the release of a detained Zimbabwean foreign criminal. In the process, he was corruscating critical of the conduct of Government lawyers acting for the Secretary of State for the Home Department.’

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Free Movement, 3rd February 2016

Source: www.freemovement.org.uk

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High Court ruling outlines extraordinary scale of allegations against Blavo & Co – Legal Futures

Posted February 3rd, 2016 in disclosure, fraud, law firms, legal aid, mental health, news, statistics by sally

‘A High Court judge has said there is a “strongly arguable case” that collapsed firm Blavo & Co, formerly the UK’s leading mental health practice, made “many thousands” of false legal aid claims.’

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Legal Futures, 2nd February 2016

Source: www.legalfutures.co.uk

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Close legal loophole which means public services contractors don’t have disclose their work, say campaigners – The Independent

Posted January 26th, 2016 in contracting out, disclosure, freedom of information, news by sally

‘Companies who operate everything from prisons to parking services and prosecuting TV licence evaders must be made more accountable, campaigners say.’

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The Independent, 25th January 2016

Source: www.independent.co.uk

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Criminal record disclosure checks ruled ‘unlawful’ – BBC News

Posted January 25th, 2016 in criminal records, disclosure, employment, news, proportionality, vetting by sally

‘Two people who claimed their careers were being blighted by having to disclose their minor criminal convictions to employers have won their case at the High Court.’

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BBC News, 22nd January 2016

Source: www.bbc.co.uk

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Regina v R and others – WLR Daily

Posted January 14th, 2016 in appeals, criminal procedure, disclosure, documents, evidence, law reports by sally

Regina v R and others [2015] EWCA Crim 1941; [2015] WLR (D) 552

‘The Court of Appeal (Criminal Division) gave guidance on the proper approach to disclosure of unused material in criminal proceedings where large quantities of documents, in particular electronic documents, were involved, and also on the approach to an abuse of process application where proceedings were delayed because of the disclosure exercise.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

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No relief from the Supreme Court – Radcliffe Chambers

‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’

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Radcliffe Chambers, 7th January 2016

Source: www.radcliffechambers.com

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New guidance for public bodies on FOI requests for information they intend to publish in future – OUT-LAW.com

Posted January 11th, 2016 in codes of practice, disclosure, freedom of information, news, public interest by tracey

‘Public bodies will find it harder to justify decisions to withhold information requested under freedom of information (FOI) laws on the basis that they intend to publish the material in future where no date has been set for that publication, according to newly issued guidance.’

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OUT-LAW.com, 11th January 2016

Source: out-law.com

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Regina (AZ) v Secretary of State for the Home Department – WLR Daily

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

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Supreme Court: Failure to disclose evidence did not breach Art 6 – UK Human Rights Blog

Posted December 21st, 2015 in disclosure, evidence, human rights, jurisdiction, news, Scotland, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal against a decision of Scotland’s High Court of Justiciary (available here) in which it refused to overturn a criminal conviction on the basis that the non-disclosure of evidence breached the appellant’s right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).’

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UK Human Rights Blog, 18th December 2015

Source: www.ukhumanrightsblog.com

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Supreme Court: no “material change” means no second application for relief from sanctions – Litigation Futures

‘Litigants are not entitled to make a second application for relief from sanctions unless there has been a “material change in circumstances”, the Supreme Court has ruled.’

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Litigation Futures, 17th December 2015

Source: www.litigationfutures.com

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Judge rejects disclosure of document on role of police spy in wrongful conviction – The Guardian

Posted December 18th, 2015 in disclosure, evidence, miscarriage of justice, news, police, prosecutions, public order, spying by tracey

‘A judge has refused to order the disclosure of an official document that would shed more light on how an undercover operation caused the wrongful conviction of an environmental campaigner.’

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The Guardian, 17th December 2015

Source: www.guardian.co.uk

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RSPCA ‘reserves right’ to prosecute hunt cases despite controversy – Daily Telegraph

‘Changes to the animal protection charity’s prosecution policy will not mean a final end to cases brought against members of fox hunts.’

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Daily Telegraph, 13th December 2015

Source: www.telegraph.co.uk

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That’s Entertainment? The Anonymity of Arrestees and the Law – Doughty Street

‘Last week, The Mirror reported that John Leslie was being questioned by police in connection with an alleged sexual assault. The report contained photographs of the police with evidence bags outside Leslie’s house. The Mirror reminded its readers of allegations made against the former TV presenter in 2002 and 2008. This the most recent example of media reports concerning allegations of sexual offences involving public figures.’

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Doughty Street, 2nd December 2015

Source: www.doughtystreet.co.uk

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Serbian Forum Shopper in Breach of his Duty of Full and Frank Disclosure has his Privacy and Libel Action Struck Out – RPC Data and Privacy Law

‘On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika, a Serbian language newspaper circulating in Serbia and neighbouring countries in hard copy and available in this country only on the internet. Sir Michael held that the Claimant was in breach of his duty of full and frank disclosure and the case is a significant reminder of the duty of candour that rests upon a claimant when seeking permission to serve outside the jurisdiction under CPR 6.36 and of the perils of over-enthusiastic attempts to squeeze foreign claims into this jurisdiction. The case is also important on the question of how section 9(2) Defamation Act 2013 requiring evidence that England and Wales is “clearly the most appropriate place in which to bring an action in respect of the statement” is to be interpreted and the burden it places on a Claimant which the judge decided had not been discharged in this case.’

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RPC Data and Privacy Law, 7th December 2015

Source: www.rpc.co.uk

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Family law: setting aside orders – Law Society’s Gazette

‘On 14 October the Supreme Court (SC) gave judgments in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61. Both Mrs Sharland and Mrs Gohil were successful in the respective consent orders being set aside due to significant non-disclosure by their former husbands.’

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Law Society’s Gazette, 7th December 2015

Source: www.lawgazette.co.uk

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