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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High Court declares town council ward election void over nomination issues – Local Government Lawyer

Posted April 7th, 2016 in documents, elections, local government, news by sally

‘A High Court judge has held the election of three town councillors in Cheshire to be void after it emerged that their nominations were defective.’

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Local Government Lawyer, 5th April 2016

Source: www.localgovernmentlawyer.co.uk

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Government details law changes to address fall in adoption decisions – Local Government Lawyer

‘The Government has set out how it plans to change the law to address falls in local authority adoption decisions and the courts’ granting of placement orders.’

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Local Government Lawyer, 30th March 2016

Source: www.localgovernmentlawyer.co.uk

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Regina (Watch Tower Bible & Tract Society of Britain and others) v Charity Commission – WLR Daily

Regina (Watch Tower Bible & Tract Society of Britain and others) v Charity Commission [2016] EWCA Civ 154

‘Following three trials of former members of Jehovah’s Witnesses’s congregations on charges of historic sex abuse the Charity Commission decided to initiate a statutory inquiry relating to a leading Jehovah’s Witness charity’s safeguarding policy regarding vulnerable beneficiaries in particular children, under section 46 of the Charities Act 2011, and to order the charity to produce a wide range of documents, under section 52 of the Act, even though none of those accused was connected with the charity. .The applicants, the charity and its trustees, sought judicial review of those decisions, on the grounds that (i) the commission had acted disproportionately by commencing an inquiry the scope of which was vague and undefined and by interfering with the applicants’ Convention rights, and had thereby breached its duty to act fairly so that the decision was irrational; and (ii) the scope of the production order was disproportionate in that information was sought of a personal and sensitive nature, within the meaning of the Data Protection Act 1998, and was furthermore in breach of the Convention rights of individuals affected. The judge in refusing permission to proceed with the judicial review clain held that the applicants had an effective statutory remedy by appealing to the First-tier Tribunal (General Regulatory Chamber) (Charity) against a decision to initiate an inquiry, and that any complaint relating to the breadth of a production order could be dealt with before that tribunal.’

WLR Daily, 15th March 2016

Source: www.iclr.co.uk

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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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