The digital drive – Counsel

‘Catherine Baksi considers whether lawyers, judges, courts and clients are ready for a digital revolution, the drivers for change, and impact on access to justice.’

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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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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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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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Court sanctions party that failed to paginate its bundles properly – Litigation Futures

Posted June 16th, 2016 in case management, costs, documents, law firms, news, sanctions, solicitors by tracey

‘A party’s failure to provide a properly paginated bundle to the High Court has led to the adjournment of key parts of its application for summary judgment and a costs order.’

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Litigation Futures, 14th June 2016

Source: www.litigationfutures.com

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From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.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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CPS will not bring charges against MI6 over rendition of Libyan families – The Guardian

‘Prosecutors are set to announce that they are bringing no charges following a police investigation into MI6’s involvement in the kidnapping of two families who were “rendered” to the late Libyan dictator Muammar Gaddafi’s prisons, despite protests by the victims and their lawyers that the evidence against the agency is overwhelming.’

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The Guardian, 8th June 2016

Source: www.guardian.co.uk

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Evidential flexibility policy is additional to the provisions of the Immigration Rules – Free Movement

Posted May 11th, 2016 in appeals, documents, evidence, immigration, news by sally

‘In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 426.’

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Free Movement, 11th May 2016

Source: www.freemovement.org.uk

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High Court orders solicitors to cease acting for client – Litigation Futures

Posted May 10th, 2016 in conflict of interest, documents, law firms, news, privilege, solicitors by sally

‘The High Court has ordered international law firm Dechert to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’

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Litigation Futures, 9th May 2016

Source: www.litigationfutures.com

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Bill forcing people to prove nationality slammed as discriminatory – The Guardian

Posted May 5th, 2016 in bills, documents, immigration, news, passports, police, race discrimination by tracey

‘Government measures making people prove their nationality or face prosecution risk damaging community relations and are discriminatory, critics have warned.’

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The Guardian, 4th May 2016

Source: www.guardian.co.uk

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Refugee held illegally after Home Office refused to believe he was 16 – The Guardian

‘Call for investigation into case of Syrian boy who was locked up for almost a month despite having documents proving identity.’

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The Guardian, 4th May 2016

Source: www.guardian.co.uk

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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.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

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The Brave New World of Electronic Filing at the Central Family Court – Family Law Week

‘Michael Allum, Solicitor with The International Family Law Group LLP, explains how the Central Family Court’s pilot scheme for electronic filing of documents will work.’

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Family Law Week, 22nd April 2016

Source: www.familylawweek.co.uk

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Staff handbook provisions had contractual effect, rules Court of Appeal – OUT-LAW.com

Posted April 27th, 2016 in appeals, contract of employment, contracts, documents, employment, news by sally

‘A recent decision by the Court of Appeal provides a “helpful summary” of the circumstances in which employment terms set out in separate documents should be considered incorporated into employee’s contracts, according to an employment law expert.’

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OUT-LAW.com, 26th Aoril 2016

Source: www.out-law.com

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Deposits, leaflets and company landlords – Nearly Legal

Posted April 19th, 2016 in appeals, deposits, documents, landlord & tenant, news, repossession by sally

‘This was an appeal of a possession order made against Mr Bali at Lambeth County Court. Mr B was the assured shorthold tenant of Manaquel Company Limited. A deposit was taken and protected. Manaquel subsequently purportedly served a section 21 notice and brought possession proceedings. At first instance, the issue was whether Manaquel had complied with the requirements on serving the Prescribed Information.’

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Nearly Legal, 18th April 2016

Source: www.nearlylegal.co.uk

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Control of Documents – New Square Chamber

Posted April 14th, 2016 in civil procedure rules, disclosure, documents, news, subsidiary companies by sally

‘What happens when a party to proceedings refuses to give disclosure of documents held by its subsidiary? Can the parent company simply refuse to give disclosure on the basis that the subsidiary is a separate legal entity? CPR 31.8 provides that a party is obliged to give disclosure of documents in its “control.” In Ardila v ENRC [2015] EWHC 3761 (Comm) Males J sought to reconcile the competing first instance and appellate decisions on whether a parent company can be said to control the documents of its subsidiary.’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

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Chilcot Inquiry into Iraq war to be vetted by spies ahead of summer publication – The Independent

‘Britain’s intelligence agencies are preparing to vet the final version of the Chilcot Inquiry’s report into the Iraq war ahead of publication this summer.’

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The Independent, 10th April 2016

Source: www.independent.co.uk

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Global firm must pay £118k over negligent advice – Law Society’s Gazette

Posted April 8th, 2016 in contracts, costs, damages, documents, employment, law firms, negligence, news, standards by tracey

‘A High Court judge has ordered global firm King & Wood Mallesons to pay damages over negligent advice it gave to a commodities business intelligence firm – although they were only 5% of the sum claimed.’

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Law Society’s Gazette, 7th April 2016

Source: www.lawgazette.co.uk

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MoJ wins privilege battle over PowerPoint slides prepared by counsel for training session – Legal Futures

‘PowerPoint slides prepared by external counsel for training at the Ministry of Justice were subject to legal professional privilege and did not have to be disclosed under the Freedom of Information Act, the First-Tier Tribunal (FTT) has ruled.’

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Legal Futures, 7th April 2016

Source: www.legalfutures.co.uk

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