Lawyers face prosecution threat over financial sanctions compliance – Legal Futures

Posted August 11th, 2017 in disclosure, financial regulation, legal profession, news, privilege, sanctions by tracey

‘Lawyers are among those who could face prosecution if they fail to report information that could undermine UK financial sanctions, after a change to the law that came into force this week.’

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Legal Futures, 10th August 2017

Source: www.legalfutures.co.uk

Litigation trends: Can London retain its litigation crown? – New Law Journal

Posted August 1st, 2017 in costs, disclosure, electronic filing, legal services, London, news by sally

‘The impact of Brexit, the outcome of the latest Jackson costs review and taming the “monster” of e-disclosure are of critical importance if the UK is to retain its standing as the dominant legal centre.’

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New Law Journal, 28th July 2017

Source: www.newlawjournal.co.uk

The cost of resisting disclosure of sensitive police material in family proceedings – UK Police Law Blog

‘Who pays the costs of Special Advocates where closed material procedures are required to consider sensitive police documents in family proceedings? The police, according to Cobb J in Re R (Closed Material Procedure: Special Advocates: Funding) [2017] EWHC 1793 (Fam).’

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UK Police Law Blog, 30th July 2017

Source: ukpolicelawblog.com

Ministers ‘undermined law’ over Iraq war crimes allegations – The Guardian

‘The government has been accused of undermining the rule of law by putting pressure on an independent regulator in its action against a legal firm pursuing claims of human rights abuses involving British troops in Iraq.’

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The Guardian, 22nd July 2017

Source: www.theguardian.com

Jackson urges solicitors to sort out accidental disclosure of privileged material between themselves – Litigation Futures

Posted July 21st, 2017 in civil procedure rules, disclosure, news, privilege, solicitors by tracey

‘Litigators should sort out the inadvertent disclosure of privileged documents in a grown-up manner without taking up the time of the court, the Court of Appeal has ruled as it granted an order to delete a privileged email that had been accidentally handed over.’

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Litigation Futures, 20th July 2017

Source: www.litigationfutures.com

UK’s refusal to reveal legal advice on drone killings faces challenge – The Guardian

‘Campaigners appeal against ruling that government can keep advice secret because it relates to security agencies.’

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The Guardian, 20th July 2017

Source: www.theguardian.com

Trial of Cardiff Three police collapsed due to human error, inquiry finds – The Guardian

Posted July 19th, 2017 in disclosure, evidence, miscarriage of justice, murder, news, police, reports, trials by sally

‘The collapse of a trial of police officers accused of framing innocent men for murder collapsed due to human error, not corruption, an official report has concluded.’

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The Guardian, 18th July 2017

Source: www.theguardian.com

Police failing to disclose crucial evidence about defendants, report finds – The Independent

Posted July 18th, 2017 in criminal justice, disclosure, evidence, news, police, reports by tracey

‘The police and Crown Prosecution Service have been accused of failing to disclose crucial information about cases, resulting in defendants’ right to a fair trial potentially being undermined, according to a new report. Compiled by HM Inspectorate of Constabulary and the HM Crown Prosecution Service Inspectorate, it found that it was rare for police officers to tell prosecutors about evidence that could undermine their case or assist the accused’s – known in legal terms as unused material.’

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Full report

The Independent, 18th July 2017

Source: www.independent.co.uk

Police and not council must pay for special advocates in family case, says judge – Local Government Lawyer

‘The police and not a local authority must pay for the provision of special advocates in a rare example of them being required for a Family Court case, Cobb J has ruled.’

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Local Government Lawyer, 17th July 2017

Source: localgovernmentlawyer.co.uk

Disclosure of judge’s handwritten notes – the ICO speaks – Panopticon

Posted July 12th, 2017 in data protection, disclosure, judges, Ministry of Justice, news by sally

‘Some of you may have read in last week’s Guardian of an ICO ruling which resulted in the Ministry of Justice handing over a judge’s handwritten notes under data protection legislation (if not, see the article here). If you did read the article, it may be that you are now scratching your head trying to work out why and how the notes came to be disclosed. Well you need scratch no longer – here is the ICO decision letter (for which thanks to Mrs Percival).’

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Panopticon, 11th July 2017

Source: panopticonblog.com

Shorter trials scheme case keeps costs under control – Litigation Futures

Posted July 11th, 2017 in costs, disclosure, news, pilot schemes, trials by sally

‘A contractual dispute between an oil trader and a biofuels manufacturer has shown the “possibilities for swift and litigation” under the High Court’s shorter trials scheme (STS), according to the barrister acting for the defendant.’

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Litigation Futures, 11th July 2017

Source: www.litigationfutures.com

Court lifts ban on naming faith school in segregation case – The Guardian

Posted July 11th, 2017 in disclosure, Islam, news, sex discrimination by sally

‘A state-funded Muslim faith school in Birmingham at the centre of a legal battle over its policy of gender segregation in the classroom has been named ahead of the start of a court of appeal hearing on the legality of its approach.’

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The Guardian, 10th July 2017

Source: www.theguardian.com

Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs – Tanfield Chambers

‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’

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Tanfield Chambers, 4th July 2017

Source: www.tanfieldchambers.co.uk

Leigh Day exonerated after longest and most expensive disciplinary tribunal prosecution ever – Legal Futures

‘The longest and most expensive case brought in the history of the Solicitors Disciplinary Tribunal (SDT) has ended with high-profile claimant lawyer Martyn Day, two of his colleagues and his firm Leigh Day fully exonerated.’

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Legal Futures, 9th June 2017

Source: www.legalfutures.co.uk

Making it up as you go – Nearly Legal

‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’

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Nearly Legal, 6th June 2017

Source: nearlylegal.co.uk

Competition tribunal scolds Law Society over disclosure failure – Legal Futures

Posted June 7th, 2017 in competition, costs, disclosure, documents, indemnities, Law Society, news, tribunals by sally

‘The president of the Competition Appeal Tribunal (CAT) has reproached the Law Society for a “deeply unimpressive” explanation of its failure to disclose all the documents it should have done in the Socrates case.’

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Legal Futures, 7th June 2017

Source: www.legalfutures.co.uk

IRA bombers of two Birmingham pubs could be ‘named and shamed’ – The Guardian

Posted June 1st, 2017 in disclosure, explosives, inquests, news, terrorism by sally

‘IRA members who planted bombs that destroyed two Birmingham pubs in 1974 could be “named and shamed” in the resumed inquest into the 21 deaths in the atrocity, a hearing has been told.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

‘Trojan Horse’: Cases against teachers dropped – BBC News

Posted May 31st, 2017 in disclosure, inquiries, Islam, news, professional conduct, teachers, witnesses by sally

‘The case against five senior teachers accused of professional misconduct in the so-called “Trojan Horse” inquiry has been dropped.’

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BBC News, 30th May 2017

Source: www.bbc.co.uk

Diary of a Wimpy Minister – Panopticon

‘A mere three years ago, the FTT held that the Ministerial Diary of Andrew Lansley was relevantly held under FOIA and was not exempt under section 35(1)(b). Now the Court of Appeal has held, in Department of Health v Information Commissioner & Lewis [2017] EWCA Civ 374, that the FTT made no error. The fact that no-one can now remember who Andrew Lansley was (now Lord Lansley CBE thank you) or why anyone would care, is by-the-by.’

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Panopticon, 25th May 2017

Source: www.panopticonblog.com

Government fails to block release of Andrew Lansley diary portions – The Guardian

‘Court rules in favour of journalist Simon Lewis who made FoI request to see diary passages from period of health reforms.’

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The Guardian, 24th May 2017

Source: www.guardian.co.uk