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

Comments Off on Regina v AXN; Regina v ZAR – WLR Daily

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.’

Full story

New Square Chambers, 24th May 2016

Source: www.newsquarechambers.co.uk

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

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.’

Full story

The Guardian, 1st June 2016

Source: www.guardian.co.uk

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

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.’

Full story

OUT-LAW.com, 25th May 2016

Source: www.out-law.com

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

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.’

Full story

Legal Futures, 23rd May 2016

Source: www.legalfutures.co.uk

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

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.’

Full story

Technology Law Update, 19th May 2016

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

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

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.’

Full story

Litigation Futures, 19th May 2016

Source: www.litigationfutures.com

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

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.’

Full story

The Guardian, 18th May 2016

Source: www.guardian.co.uk

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

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.’

Full story

Daily Telegraph, 12th May 2016

Source: www.telegraph.co.uk

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

Judge Refuses To Force Alleged Hacker To Reveal His Passwords – RightsInfo

‘A UK law enforcement agency asked a court to force alleged hacker Lauri Love to reveal passwords for computers they confiscated. The Court said no. The problem? That would bypass human rights safeguards UK Parliament built into investigatory powers laws.’

Full story

RightsInfo, 11th May 2016

Source: www.rightsinfo.org

Comments Off on Judge Refuses To Force Alleged Hacker To Reveal His Passwords – RightsInfo

Court refuses request to force alleged hacker to divulge passwords – The Guardian

‘An alleged hacker fighting extradition to the US will not have to give the passwords for his encrypted computers to British law enforcement officers, following a landmark legal ruling.’

Full story

The Guardian, 10th May 2016

Source: www.guardian.co.uk

Comments Off on Court refuses request to force alleged hacker to divulge passwords – The Guardian

Detective criticised for ‘getting too close’ in alleged rape case – The Guardian

Posted May 10th, 2016 in Crown Prosecution Service, disclosure, evidence, news, police, rape by sally

‘A senior judge has criticised a police detective and the Crown Prosecution Service for their handling of an accusation of gang rape after the case against four young men collapsed just as their trial was due to begin.’

Full story

The Guardian, 9th May 2016

Source: www.guardian.co.uk

Comments Off on Detective criticised for ‘getting too close’ in alleged rape case – The Guardian

Police refuse to reveal the new names of 800 paedophiles to protect their human rights – Daily Telegraph

Posted May 10th, 2016 in disclosure, human rights, names, news, sexual offences by sally

‘More than 800 sex offenders have changed their names by deed poll to hide their past and police have refused to reveal which names have been altered in a bid to protect the criminals’ human rights.’

Full story

Daily Telegraph, 10th May 2016

Source: www.telegraph.co.uk

Comments Off on Police refuse to reveal the new names of 800 paedophiles to protect their human rights – Daily Telegraph

Tate to face information tribunal over payments from BP – The Guardian

Posted May 9th, 2016 in budgets, disclosure, energy, environmental protection, news, tribunals by sally

‘Tate will come under fire again over its relationship with fossil fuel companies when it is forced to defend its refusal to disclose details of financial payments made to it by BP.’

Full story

The Guardian, 8th May 2016

Source: www.guardian.co.uk

Comments Off on Tate to face information tribunal over payments from BP – The Guardian

Undercover police denied automatic anonymity at inquiry – BBC News

‘Undercover police officers facing claims of wrongdoing will not automatically get anonymity at a forthcoming major public inquiry.’

Full story

BBC News, 3rd May 2016

Source: www.bbc.co.uk

Comments Off on Undercover police denied automatic anonymity at inquiry – BBC News

Judiciary consults on the Defendant’s Duty of Candour and Disclosure in Judicial Review Proceedings – Courts and Tribunals Judiciary

Posted April 28th, 2016 in consultations, disclosure, judiciary by tracey

‘The Lord Chief Justice has issued a Discussion Paper by Mr Justice Cranston and Mr Justice Lewis, which considers the defendant’s duty of candour and disclosure in judicial review proceedings.’

Full Discussion paper

Courts and Tribunals Judiciary, 28th April 2016

Source: www.judiciary.gov.uk

Comments Off on Judiciary consults on the Defendant’s Duty of Candour and Disclosure in Judicial Review Proceedings – Courts and Tribunals Judiciary

Police accused of ‘stark errors’ and ‘cherry picking’ in university rape case – The Independent

‘Police made “stark errors” during an investigation into four young men accused of gang rape, a court has heard.’

Full story

The Independent, 27th April 2016

Source: www.independent.co.uk

Comments Off on Police accused of ‘stark errors’ and ‘cherry picking’ in university rape case – The Independent

Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

Full story

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Comments Off on Hillsborough inquest timeline: the long wait for justice – The Guardian

Regulator widens inquiry into UK firms’ links with Panama Papers tax havens – The Guardian

‘The City regulator has widened its inquiries into potential links between UK financial firms and the law company at the centre of the Panama Papers revelations, it said on Tuesday.’

Full story

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Comments Off on Regulator widens inquiry into UK firms’ links with Panama Papers tax havens – The Guardian

Fears over credit for guilty plea – Law Society’s Gazette

‘Criminal defence solicitors are expected to oppose proposed replacement guidelines on sentence reductions for early guilty pleas.’

Full story

Law Society’s Gazette, 25th April 2016

Source: www.lawgazette.co.uk

Comments Off on Fears over credit for guilty plea – Law Society’s Gazette