Land Registry can sue conveyancers for mortgage misrepresentations, High Court rules – Legal Futures

‘The Land Registry can sue a former law firm for negligent misrepresentation in not checking whether a mortgage discharge form was genuine, the High Court has decided.’

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Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

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Jackson takes hard line on firm’s late court document – Law Society’s Gazette

Posted March 17th, 2016 in appeals, default judgments, delay, documents, judges, law firms, news by tracey

‘Lord Justice Jackson has upheld a £211,000 claim won by default after the defendant missed their final chance to submit a court document.’

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Law Society’s Gazette, 15th March 2016

Source: www.lawgazette.co.uk

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Council to share intelligence after discovery of £1.4m housing benefit fraud – Local Government Lawyer

‘The London Borough of Redbridge is to share information and intelligence with other councils and HM Revenue and Customs, after three people were found guilty of a £1.4m housing benefit fraud.’

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Local Government Lawyer, 15th March 2016

Source: www.localgovernmentlawyer.co.uk

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Statements of Truth, Translation and Witnesses with Poor English – Zenith PI Blog

‘The CPR includes surprisingly demanding requirements, and draconian sanctions, in relation to Statements of Truth from witnesses whose English is so poor that they cannot read documents in English.
Here is a helpful summary of the rules, and what, in practice, you need to do to comply with them.’

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Zenith PI Blog, 1st March 2016

Source: www.zenithpi.wordpress.com

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Two leading genealogists clash in High Court defamation battle – Daily Telegraph

Posted February 23rd, 2016 in defamation, disclosure, documents, harassment, news by sally

‘Daniel Curran, star of Heir Hunters, has been ordered to disclose documents relating to defamatory allegations made against his rival.’

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Daily Telegraph, 23rd February 2016

Source: www.telegraph.co.uk

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‘Disproportionate’ disclosure application denied in swaps mis-selling claim – Commercial Disputes Blog

‘In Claverton Holdings Ltd v Barclays Bank plc, the Commercial Court rejected an application by the claimant for specific disclosure against the defendant bank. The court found that the documents sought, which related to other mis-selling allegations against the bank employees featuring in the claimant’s case, would have little probative value and adducing them would place a disproportionate burden on the defendant.’

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Commercial Disputes Blog, 16th February 2016

Source: www.rpc.co.uk

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UK court approves use of predictive coding as basis for e-disclosure for the first time – OUT-LAW.com

Posted February 19th, 2016 in computer programs, costs, courts, disclosure, documents, news by sally

‘A UK court has approved for the first time the use of predictive coding as a basis for determining which electronic documents are relevant to a dispute.’

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OUT-LAW.com, 18th February 2016

Source: www.out-law.com

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High Court approves use of predictive coding – Litigation Futures

Posted February 17th, 2016 in computer programs, costs, courts, disclosure, documents, news by michael

‘The High Court has approved the use of predictive coding in e-disclosure, for what is believed to be the first time in this jurisdiction.’

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Litigation Futures, 17 February 2016

Source: www.litigationfutures.com

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Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’

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Family Law Week, 15 February 2016

Source: www.familylawweek.co.uk

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English courts taking ‘increasingly pragmatic’ approach to correcting pension scheme deeds, says expert – OUT-LAW.com

Posted February 11th, 2016 in courts, documents, employment, news, pensions, rectification by sally

‘A run of recent decisions shows the “increasingly pragmatic approach” that the courts in England are adopting when faced with applications to fix mistakes in pension scheme deeds, an expert has said.’

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OUT-LAW.com, 9th February 2016

Source: www.out-law.com

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Justice demands court records are kept – The Independent

Posted January 26th, 2016 in appeals, archives, courts, documents, news by sally

‘Open and accountable justice requires records to be kept. Those who believe they are the victim of a miscarriage of justice need to know what was said at their trial if they are to show that they have been wrongly convicted. It seems extraordinary, therefore, that official guidelines require the destruction of the recordings of court cases after seven years. ‘

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The Independent, 24th January 2016

Source: www.independent.co.uk

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Doubts raised over UK government’s refusal to permit return to Chagos – The Guardian

Posted January 25th, 2016 in armed forces, Chagos Islands, documents, human rights, indigenous peoples, news by sally

‘For more than half a century the displaced people of the Chagos Islands have sought to return to their home, a collection of coral reefs in the Indian Ocean that constitutes one of the more far-flung outposts of the British empire.’

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The Guardian, 23rd January 2016

Source: www.guardian.co.uk

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Regina v R and others – WLR Daily

Posted January 14th, 2016 in appeals, criminal procedure, disclosure, documents, evidence, law reports by sally

Regina v R and others [2015] EWCA Crim 1941; [2015] WLR (D) 552

‘The Court of Appeal (Criminal Division) gave guidance on the proper approach to disclosure of unused material in criminal proceedings where large quantities of documents, in particular electronic documents, were involved, and also on the approach to an abuse of process application where proceedings were delayed because of the disclosure exercise.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

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Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

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UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

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Regina (AZ) v Secretary of State for the Home Department – WLR Daily

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

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Lawyers face prospect of being struck off over Iraq abuse claims – Daily Telegraph

‘Leigh Day, Britain’s leading human rights law firm, is facing a disciplinary inquiry over the shredding of a document which could have halted a £31m inquiry into false allegations of murder and torture by British troops.’

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Daily Telegraph, 5th January 2016

Source: www.telegraph.co.uk

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Attorney General’s guidelines on information security and government work – Attorney General’s Office

‘Guidelines for civil panel counsel, revised to include the new government security classifications.’

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Attorney General’s Office, 18th November 2015

Source: www.gov.uk/ago

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Activist Abdurraouf Eshati admits £18.6m arms plot role – BBC News

Posted October 27th, 2015 in asylum, documents, firearms, guilty pleas, news, terrorism by sally

‘A Libyan activist has admitted his part in an international network plotting an £18.6m deal to bring arms to the war-torn country.’

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BBC News, 26th October 2015

Source: www.bbc.co.uk

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Right to rent checks introduced for landlords in England – Home Office

Posted October 21st, 2015 in bills, documents, human rights, immigration, landlord & tenant, news, passports, penalties, rent by sally

‘The government has announced today that from 1 February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.’

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Home Office, 20th October 2015

Source: www.gov.uk/home-office

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In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) – WLR Daily

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) [2015] EWHC 2602 (Fam); [2015] WLR (D) 387

‘Although directions given by the Human Fertilisation and Embryology Authority (“HFEA”) from time to time in accordance with its statutory powers had at all material times required that any consent required under sections 37(1) and 44(1) of the Human Fertilisation and Embryology Act 2008 “must” be recorded in a specified form, the court could (i) act on parol evidence to establish that forms which could not be found were in fact properly completed and signed before treatment began, and (ii) correct mistakes in the forms either by rectification where the requirements for that remedy were satisfied, or where the mistake was obvious on the face of the document, by a process of construction without the need for rectification.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

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