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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Defending public interest lawyers – Halsbury’s Law Exchange

‘After months of rumours that staff were leaving the firm and that its founder Phil Shiner was buckling under of the pressure, Public Interest Lawyers (PIL) has announced its closure.’

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Halsbury’s Law Exchange, 30th August 2016

Source: www.halsburyslawexchange.co.uk

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Are you aware of the impact of the Insurance Act? – Legal Futures

Posted August 30th, 2016 in contracts, disclosure, fraud, insurance, legislation, news by sally

‘You may not have picked up on it, but the recent change to The Insurance Act 2015 is the most significant update to commercial insurance law in the last 100 years, overhauling principles originally laid down by the Marine Insurance Act 1906. The consequences are far-reaching and mean that it is not just your regulator that is interested in ensuring you have adequate risk management in place. Whilst insurers tell us the intention of the new Act is to create a more balanced relationship between insurer and customer, it seems to be a potential landmine for law firms.’

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Legal Futures, 26th August 2016

Source: www.legalfutures.co.uk

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An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

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Rogue plastic surgery clinics to be named and shamed for poor care – Daily Telegraph

‘Cosmetic surgeons will be named and shamed for poor practice for the first time as part of a Government crackdown.’

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Daily Telegraph, 20th August 2016

Source: www.telegraph.co.uk

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Rights group challenges FoI refusal in Libyan rendition case – The Guardian

‘A human rights group has challenged the government’s refusal to disclose whether ministers or Downing Street officials were involved in a decision not to prosecute anyone over an espionage operation to kidnap two Libyan dissidents.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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‘Biggest overhaul’ of insurance law in over a century comes into force today – OUT-LAW.com

Posted August 12th, 2016 in contracts, disclosure, insurance, misrepresentation, news by sally

‘Sweeping changes to UK commercial insurance law described as the “biggest overhaul since the introduction of the 1906 Marine Insurance Act” come into force today.’

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OUT-LAW.com, 12th August 2016

Source: www.out-law.com

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Troubled Families report ‘suppressed’ – BBC News

‘An unfavourable evaluation of the government’s flagship policy response to the 2011 riots has been suppressed, BBC Newsnight has learned.’

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BBC News, 8th August 2016

Source: www.bbc.co.uk

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NHS hit with costs over “drip feed” disclosure – Litigation Futures

Posted August 9th, 2016 in costs, disclosure, news, personal injuries by sally

‘A district judge has made a costs order in favour a claimant who discontinued her occupier’s liability claim against a hospital, because the defendant NHS trust “drip-fed” documents that should have been disclosed up front under the pre-action protocol.’

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Litigation Futures, 9th August 2016

Source: www.litigationfutures.com

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Abuse Of Process In Historical Cases: A Thing Of The Past? – Crimeline

Posted August 4th, 2016 in abuse of process, disclosure, evidence, news, reports by Mark L

‘In May this year the Public Accounts Committee published a report titled the ‘Efficiency in the Criminal Justice System.’ The conclusions are unsurprising for those with any experience of the system; it is at breaking point. In the current climate it seems the courts will do everything in their power to ensure cases proceed often in spite of significant delay. Due to their nature, historical cases can often be besieged with disclosure problems, and while delay can be due to legitimate and understandable reasons it is also true that historical cases can face unjustifiably delay. The question which must be asked is, when a case suffers from both delay and disclosure issues can a defendant have a fair trial at all?.’

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Crimeline, 3rd August 2016

Source: www.crimeline.info

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Linklaters escapes ‘unprecedented’ disclosure order – Law Society’s Gazette

‘The High Court has decided against making what would have been an unprecedented order in relation to e-disclosure in an action brought over the behaviour of a mining company in Peru.’

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Law Society’s Gazette, 29th July 2016

Source: www.lawgazette.co.uk

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Prison’s gross failures contributed to death of inmate, inquest finds – The Guardian

‘A catastrophic series of failures contributed to the death of a prisoner, who died after setting fire to his cell, an inquest jury ruled.’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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Predictive coding – the current landscape – Hardwicke Chambers

‘Disclosure of documents is a significant driver of costs. Where the relevant documents are electronic, the problem is usually exacerbated. This is simply because the vast majority of documents are now created electronically and the proliferation and storage capacity of day-to-day IT equipment is such that the amount of information available may be enormous.’

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Hardwicke Chambers, 21st July 2016

Source: www.hardwicke.co.uk

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Making lawyers publish “average” prices will energise consumers, says panel – Legal Futures

‘The Legal Services Consumer Panel said last week that it was “not blind to the challenges of increased price transparency”, but insisted that making lawyers publish “average” prices could be the catalyst for making consumers ask more questions about cost.’

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Legal Futures, 25th July 2016

Source: www.legalfutures.co.uk

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Head Teacher’s Safeguarding responsibilities – Employment Law Blog

‘A v B Local Authority and C Governing Body of School [2016] EWCA Civ 766 is concerned with whether an ET had been entitled to find that a Head Teacher of a primary school had been fairly summarily dismissed for gross misconduct, i.e. putting the safety of children at risk, for failing to disclose to the school authorities her close personal relationship with a male (IS) convicted of making indecent images of children by downloading them onto his computer. The ET’s finding was upheld by the EAT (Wilkie J presiding) and has now been upheld by a majority in the Court of Appeal (Black and Floyd LJJ). Elias LJ dissented.’

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Employment Law Blog, 20th July 2016

Source: www.employment11kbw.com

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JR jurisdiction ‘disadvantage’ for criminal cases – Law Society’s Gazette

‘The High Court has dismissed a bid to reconsider a judicial review decision, highlighting jurisdictional differences between criminal and civil proceedings.’

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Law Society’s Gazette, 19th July 2016

Source: www.lawgazette.co.uk

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Private tutors ‘must face criminal records checks’ – BBC News

Posted July 13th, 2016 in children, criminal records, disclosure, education, news, teachers by sally

‘All self-employed tutors should be legally required to have a criminal records check before they can offer private lessons to children in the UK, children’s charity the NSPCC says.’

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BBC News, 13th July 2016

Source: www.bbc.co.uk

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Avoid/evade – Counsel

‘Recent news analysis of the Panama Papers, and high-profile-personality stakes in offshore funds, have turned up the heat in the tax avoid v evade debate. Kevin Prosser QC sheds light on this greyest of areas.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

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‘Avoiding Too Narrow a Focus on Relief from Sanctions’ – Littleton Chambers

Posted July 12th, 2016 in appeals, disclosure, documents, evidence, news, sanctions by sally

‘Ashley Cukier considers the decision in McTear and another v Engelhard and others [2016] EWCA Civ 487, the successful appeal of a first instance judgment handed down after Mitchell but before Denton.’

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Littleton Chambers, 9th July 2016

Source: www.littletonchambers.com

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High Court: cost savings of predictive coding “extremely significant” – Litigation Futures

Posted July 12th, 2016 in computer programs, costs, disclosure, news by sally

‘The High Court has described the cost savings that can be achieved by using predictive coding for disclosure rather than a standard keyword search as “extremely significant”.’

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Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

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