Security bodies and legal advice: some Upper Tribunal droning – Panopticon

Posted January 19th, 2018 in aircraft, disclosure, freedom of information, news, weapons by tracey

‘The Times’ Lawyer of the Week this morning discusses an Upper Tribunal FOIA appeal brought by Rights Watch UK (for whom Daniel Carey, the Lawyer of the Week, acted pro bono), seeking disclosure of the Attorney General’s advice on drone strikes in Syria. The case was Corderoy & Ahmed v IC, AGO, Cabinet Office [2017] UKUT 495 (AAC). Whether you consider it a win, a loss or a draw (and if so for whom) will depend on which side you’re on here and, as counsel on all sides were colleagues at 11KBW, I will attempt a studied neutrality. I confess I have not found all aspects of the judgment easy to follow, but here you go.’

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Panopticon, 18th January 2018

Source: panopticonblog.com

Radical new disclosure regime to ‘spell out’ lawyers’ duties – Law Society’s Gazette

Posted January 19th, 2018 in civil procedure rules, disclosure, news by tracey

‘A radical new disclosure regime for the Business and Property Courts will have a “far-reaching effect on civil litigation”, a leading City lawyer has claimed.’

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Law Society's Gazette, 18th January 2018

Source: www.lawgazette.co.uk

No one innocent is in prison due to disclosure failures, claims DPP after string of rape cases collapse – The Independent

Posted January 19th, 2018 in Crown Prosecution Service, disclosure, evidence, news, prosecutions by tracey

‘Britain’s most senior prosecutor has claimed that no innocent people are in prison because of failures to disclose vital evidence, despite admitting there is a “systemic issue”.
Critics dismissed Alison Saunders’ assurance as “impossible” as they follow the collapse of several high-profile rape cases which were undermined by phone messages and pictures uncovered by lawyers.’

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The Independent, 18th January 2018

Source: www.independent.co.uk

Oxford University student cleared of rape charge as yet another case collapses days before trial begins – Daily Telegraph

Posted January 19th, 2018 in Crown Prosecution Service, disclosure, evidence, news, police, prosecutions, rape by tracey

‘An Oxford University student has become the latest accused rapist to have his case dropped against him after two years on bail amid wider public concern about the actions of police and prosecutors.’

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Daily Telegraph, 18th January 2018

Source: www.telegraph.co.uk

We need to improve disclosure, CPS admits as rape trial abandoned – Law Society’s Gazette

Posted January 17th, 2018 in Crown Prosecution Service, disclosure, evidence, news, rape by tracey

‘The Crown Prosecution Service has admitted that it needs to improve its disclosure of unused material after a rape trial was abandoned yesterday because vital phone evidence was not disclosed.’

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Law Society's Gazette, 16th January 2017

Source: www.lawgazette.co.uk

Prostitution challenge to be heard in High Court – BBC News

Posted January 17th, 2018 in criminal records, disclosure, news, prostitution by sally

‘The High Court is to hear a legal challenge about whether women who were once involved in prostitution should be made to reveal their convictions.’

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BBC News, 17th Janaury 2018

Source: www.bbc.co.uk

Judge dismisses disclosure bids ahead of £126m credit hire trial – Law Society Gazette

Posted January 16th, 2018 in claims management, consumer credit, disclosure, documents, law firms, news, privilege by tracey

‘The High Court has refused both sides permission to inspect other parties’ documents ahead of a high profile £126m civil case over inflated credit hire charges.’

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Law Society Gazette, 16th January 2018

Source: www.lawgazette.co.uk

Rape case collapses after ‘cuddling’ photos emerge – BBC News

Posted January 16th, 2018 in disclosure, evidence, news, rape, trials by sally

‘A rape case has collapsed after images emerged of the accused and his alleged victim “cuddling” in bed together.’

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BBC News, 15th January 2018

Source: www.bbc.co.uk

Ex-BHS owner Dominic Chappell found guilty in pension case – Daily Telegraph

Posted January 12th, 2018 in disclosure, news, pensions, prosecutions by tracey

‘The former owner of BHS, Dominic Chappell, was today found guilty of refusing to provide vital documents to the pensions watchdog.’

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Daily Telegraph, 11th January 2018

Source: www.telegraph.co.uk

Divorce in the era of cryptocurrency: Bitcoin and non-disclosure – Family Law

Posted January 11th, 2018 in disclosure, divorce, fees, internet, news by tracey

‘Bitcoin is a form of digital currency developed in 2009. It is created and held electronically in a decentralized system meaning that no one and no government controls it. Bitcoins aren’t printed but are ‘mined’ by both people and businesses using software that solves complex mathematical problems. Prone to volatility, Bitcoin hit the news last month after it reached an all-time high then dropped in value by almost 20% in a time period of only 90 minutes. Despite its erratic nature, the interest and investment in Bitcoin is rapidly growing and with more people holding Bitcoin, it is likely to be a far more common asset in divorce proceedings. Further, the extra privacy given to Bitcoin holders, as opposed to those who hold money in a bank, has led to many discussions on whether it will be the case that non-disclosers in divorce proceedings will increasingly try to hide assets through Bitcoin.’

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Family Law, 11th January 2018

Source: www.familylaw.co.uk

The Liam Allan case is the tip of the iceberg – Legal Voice

Posted January 10th, 2018 in budgets, criminal justice, disclosure, news, police, prosecutions, rape by sally

‘In December 2017 there was a considerable outcry following the case of Liam Allan, a middle class white man studying criminology who had been charged with rape. Crucial material was not disclosed or properly reviewed by the police which totally undermined the case against the defendant and the case was dropped. The Director of Public Prosecutions apologised, an enquiry into disclosure is to follow, the police were slammed, and the issue was raised with the Prime Minister in the House of Commons. Even the Daily Mail got in on the act and other cases have also been dropped since.’

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Legal Voice, 10th January 2018

Source: www.legalvoice.org.uk

Must the family be told? Genetic information and liability for non-disclosure to relatives – 1 Crown Office Row

Posted January 9th, 2018 in disclosure, families, health, hospitals, human rights, news by sally

‘The facts of the ABC case are unusual and undeniably tragic. In 2007, ABC’s father shot and killed her mother. He was convicted of manslaughter, on the basis of diminished responsibility, and sentenced to a hospital order under the Mental Health Act 1983, s 37, with a restriction order under s 41 of the Act. The respective roles of the defendants in relation to the father’s subsequent care and treatment were as follows: he was detained in a clinic run by the second defendant (the South West London and St George’s Mental Health NHS Trust), where, whilst resident, he was seen by a social worker for whom the third defendant (Sussex Partnership NHS Foundation Trust) was responsible, and he was referred to the first defendant’s hospital (St George’s Hospital) in order that his disorder could be explored.’

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1 Crown Office Row, 9th January 2018

Source: www.1cor.com

Pre-action disclosure of insurance policies – Law Society’s Gazette

‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’

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Law Society's Gazette, 8th January 2018

Source: www.lawgazette.co.uk

ICO backs refusal of council to supply legal opinion over certificate of lawfulness – Local Government Lawyer

Posted January 8th, 2018 in disclosure, freedom of information, local government, news by sally

‘The Information Commissioner last month upheld a decision by a London borough to refuse to supply a copy of a legal opinion obtained by the council relating to an application to grant a certificate of lawfulness for a property.’

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Local Government Lawyer, 5th January 2018

Source: www.localgovernmentlawyer.co.uk

Costs judges reject claims for files by claimants wanting to challenge solicitors’ deductions – Litigation Futures

Posted January 8th, 2018 in civil procedure rules, compensation, costs, disclosure, documents, news by sally

‘The Senior Courts Costs Office has refused separate attempts to obtain copies of law firms’ client files by another firm that describes itself as the country’s “leading experts in fighting unfair compensation deductions”.’

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Litigation Futures, 8th January 2018

Source: www.litigationfutures.com

Women should be told if new partner has abusive past, say victims’ groups – The Guardian

Posted January 8th, 2018 in bills, disclosure, domestic violence, news, police by sally

‘Victim support groups are calling on MPs to back a new law allowing police to take proactive measures to establish whether a serious offender has a new partner, and if so to inform them of his previous convictions. The call comes after the jailing of serial killer Theodore Johnson, 64, who strangled and battered his ex-girlfriend, Angela Best, 51. He was sentenced to life with a minimum of 26 years on Friday.’

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The Guardian, 6th January 2018

Source: www.theguardian.com

Worboys case: Release of taxi rapist triggers parole review – BBC News

Posted January 8th, 2018 in disclosure, news, parole, rape, release on licence, sexual offences by sally

‘The way parole is considered is to be reviewed following the decision to release serial sex attacker John Worboys, the prime minister has said.’

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BBC News, 7th January 2018

Source: www.bbc.co.uk

Candy Crush (-es Holyoake) – Panopticon

Posted January 4th, 2018 in data protection, disclosure, news by sally

‘Readers of this blog will recall an important DPA judgment, particularly on the legal professional privilege exemption, which came out in January 2017 called Holyoake v Candy & CPC [2017] EWHC 52 (QB) (see the blogpost here). That case has, however, involved various pieces of satellite litigation including a 193 page judgment of Nugee J handed down just before Christmas in Holyoake & Hotblack v Candy & Candy & others [2017] EWHC 3397 (Ch).For some reason the parties to the extensive Chancery proceedings appear to have seen as most important the multi-million pound claims for misrepresentation, duress, unlawful means conspiracy, interference with economic interests, undue influence, breach of consumer credit legislation, breach of the rule against penalty clauses and the exotically named extortion under colour of due process. For very detailed and lengthy reasons which it is unnecessary to set out here, Nugee J rejected all of Mr Holyoake’s various claims. The judge made numerous adverse findings in respect Mr Holyoake’s performance as a witness, although it is fair to say that the Candy brothers did not escape without some measure of criticism either. (I should declare that I acted for Candy and CPC in the earlier DPA proceedings; although all of the Panopticon editors were on one side or the other.)’

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Panopticon, 29th December 2017

Source: panopticonblog.com

Judge criticises prosecutors after another blunder in a sex case – Daily Telegraph

‘A judge has criticised prosecutors after they failed to hand over crucial evidence that could have exonerated a wealthy businessman standing trial for alleged sexual assault.’

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Daily Telegraph, 2nd January 2018

Source: www.telegraph.co.uk

Tribunal rules against total secrecy over UK drone strikes – The Guardian

‘The government’s power to block requests for information on national security grounds has been significantly curtailed by a tribunal ruling over targeted killings of British jihadists abroad.’

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The Guardian, 4th January 2018

Source: www.theguardian.com