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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FCA will look to ensure consumer protection and support for fintech innovation in crowdfunding review, says expert – OUT-LAW.com

Posted July 12th, 2016 in consumer protection, disclosure, financial regulation, news by sally

‘The Financial Conduct Authority (FCA) will look to ensure that consumers are sufficiently protected against the risks inherent in crowdfunding while supporting innovation in the growing market in a forthcoming review of its regulation of the industry, an expert has said.’

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OUT-LAW.com, 11th July 2016

Source: www.out-law.com

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Another door closes for the Chagossians – UK Human Rights Blog

‘In R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, the Supreme Court last week dismissed the attempt to set aside the House of Lord’s controversial 2008 decision in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61. The challenge was grounded in the disclosure of documents in the parallel proceedings of Bancoult No 3 relating to the reliability of a feasibility study into the long term viability of settlement in Chagos Islands.’

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UK Human Rights Blog, 6th July 2016

Source: www.ukhumanrightsblog.com

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‘Digital influencers’ must disclose paid-for content, says new guidance – OUT-LAW.com

Posted July 4th, 2016 in competition, consumer protection, disclosure, internet, news by michael

‘Online publishers, bloggers, tweeters and other “digital influencers” must “clearly and prominently” label content they are paid to produce as paid-for promotions, new guidance developed by a body of regulators from around the world has said.’

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OUT-LAW.com, 1st July 2016

Source: www.out-law.com

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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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