Legal professional privilege in the UK – OUT-LAW.com
‘If a document is privileged, the basic position is it can be withheld from third parties.’
OUT-LAW.com, 13th May 2022
Source: www.pinsentmasons.com
Category: documents
Guardian wins legal challenge over access to employment tribunal papers – The Guardian
‘Journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, it has been ruled, after a successful legal challenge by the Guardian.’
The Guardian, 22nd March 2022
Source: www.theguardian.com
Recommendations to allow electronic documents would revolutionise trade – Law Commission
‘The Law Commission has today published its recommendations and draft legislation to allow for the legal recognition of electronic versions of trade documents such as bills of lading and bills of exchange.’
Law Commission, 16th March 2022
Source: www.lawcom.gov.uk
Electronic signatures “more reliable” than live witnesses – Legal Futures
‘The most sophisticated kind of electronic signatures can be “more reliable” than signatures witnessed the traditional way in an “unsupervised environment”, a government-backed industry working group has said.’
Legal Futures, 2nd February 2022
Source: www.legalfutures.co.uk
Electronic court bundles – Family Law
‘The Courts and Tribunals Judiciary have issued general guidance on electronic court bundles. The guidance is intended to ensure consistency in the provision of electronic bundles for court hearings (but not tribunal hearings) in a format that promotes the efficient preparation for, and management of, a hearing.’
Family Law, 9th December 2021
Source: www.familylaw.co.uk
Windrush compensation scheme has ‘concerning weaknesses’, says charity – The Guardian
‘There are “concerning weaknesses” in the Windrush compensation scheme, according to a legal charity that has called for the programme to be taken out of the Home Office.’
The Guardian, 15th November 2021
Source: www.theguardian.com
Court lets late solicitors off hook – but don’t expect more ‘indulgence’ – Law Society’s Gazette
‘ The High Court has shown a rare act of mercy to lawyers who filed documents late without checking to see if their opponents would accept email service. In Citysprint UK Ltd v Barts Health NHS Trust Mr Justice Fraser stressed that the particular circumstances were unusual and that his ruling should not be interpreted as the court being “indulgent” to failures of compliance.’
Law Society's Gazette, 7th October 2021
Source: www.lawgazette.co.uk
Service of documents in civil proceedings: A lesson in getting it right – Local Government Lawyer
‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’
Local Government Lawyer, 11th September 2021
Source: www.localgovernmentlawyer.co.uk
Judge warns parties to expect sanctions for incorrect e-bundles – Legal Future
‘Judges’ patience with parties that fail to prepare electronic bundles with consistent page numbering is over and they can expect sanctions, the High Court has warned.’
Legal Futures, 10th August 2021
Source: www.legalfutures.co.uk
Judge refuses plea from litigant in person for free hard copy bundle – Law Society’s Gazette
‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’
Law Society's Gazette, 24th June 2021
Source: www.lawgazette.co.uk
Malleable memory and the reliability of witness evidence in a digital age – Litigation Futures
‘One of the topics explored by a recent panel of international experts at London International Disputes Week was the malleability (and thus fallibility) of human memory and the resultant impact on reliable witness evidence.’
Litigation Futures, 22nd June 2021
Source: www.litigationfutures.com
Documents privileged despite ‘element of deception’ – Law Society’s Gazette
‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’
Law Society's Gazette, 9th June 2021
Source: www.lawgazette.co.uk
English court has ‘broad jurisdiction’ to grant access to documents – OUT-LAW.com
‘A recent decision by the High Court of England and Wales highlights the breadth of its jurisdiction to grant access to documents that have been referred to in a public hearing, according to experts at Pinsent Masons, the law firm behind Out-Law.’
OUT-LAW.com, 25th May 2021
Source: www.pinsentmasons.com
Non-party access to court documents – OUT-LAW.com
‘People or organisations who are not a party to a piece of litigation (non-parties) in England and wales can obtain copies of some documents relating to civil proceedings that are held at court. Depending on the type of document requested, the permission of the court may be required. Until fairly recently, the matter had received only limited consideration in Scotland, however, the position there appears to be similar although there are fewer court rules covering the situation and much will depend on the nature of the document sought and the identity of the party seeking it.’
OUt-LAW.com, 20th May 2021
Source: www.pinsentmasons.com
Rent Repayment Order and legal costs – Nearly Legal
‘Leibel v Baird CHI/29UC/HMF/2020/0035 (4 May 2021). This was an application for a rent repayment order in respect of an unlicensed property. Unusually, it also featured a rule 13 costs application by the tenant.’
Nearly Legal, 9th May 2021
Source: nearlylegal.co.uk
Judge criticises solicitors for sending him letter during trial – Litigation Futures
‘A High Court judge has criticised solicitors who sent him a letter during a trial trying to explain points that had arisen during cross-examination.’
Litigation Futures, 6th May 2021
Source: www.litigationfutures.com
Windrush scandal: Concern over wait for compensation – BBC News
‘Campaigners say they are concerned about the low number of compensation payments to victims of the Windrush scandal.’
BBC News, 4th May 2021
Source: www.bbc.co.uk
Proposals to allow electronic documents would revolutionise trade – Law Commission
‘The Law Commission has announced a consultation on proposals to allow for the legal recognition of electronic versions of documents such as bills of lading and bills of exchange. If implemented, the reforms could revolutionise global trade and bring the processes into the 21st Century. We are also considering reform of the legal treatment of cryptoassets and digital assets and today published a call for evidence as part of that process (see below).’
Law Commission, 30th April 2021
Source: https://www.lawcom.gov.uk/proposals-to-allow-electronic-documents-would-revolutionise-trade/
Call for work to make consumer-facing legal documents more intelligible – Legal Futures
‘Lawyers need to make consumer-facing legal documents more engaging, and regulators and industry should consider measures to ensure they are intelligible, a report has recommended.’
Legal Futures, 19th April 2021
Source: www.legalfutures.co.uk
Children: Public Law Update (March 2021) – Family Law Week
‘John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.’
Family Law Week, 24th March 2021
Source: www.familylawweek.co.uk
