Breaching Legal Advice Privilege – Family Law Week

Posted January 14th, 2021 in disclosure, documents, enforcement, fraud, legal services, limitations, news, privilege by tracey

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

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Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements of case and Lists of Issues for Disclosure in applications to vary an order for Extended Disclosure under the Disclosure Pilot Scheme – Hardwicke Chambers

‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’

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Hardwicke Chambers, 8th January 2021

Source: hardwicke.co.uk

Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers

‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’

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Exchange Chambers, 4th January 2021

Source: www.exchangechambers.co.uk

Julian Assange: Wikileaks founder extradition to US blocked by UK judge – BBC News

Posted January 4th, 2021 in disclosure, extradition, mental health, news, suicide, whistleblowers by sally

‘Wikileaks founder Julian Assange cannot be extradited to the United States, a court in London has ruled.’

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BBC News, 4th January 2021

Source: www.bbc.co.uk

Recommendations for the probity of computer evidence – Digital Evidence and Electronic Signature Law Review

Posted December 18th, 2020 in computer programs, disclosure, electronic filing, evidence, news, postal service by sally

‘This paper sets out recommendations for a two stage disclosure process in an attempt to avoid the problems with disclosure of computer data/material in court proceedings, problems that have been exposed in two cases in England: the Post Office Horizon scandal, and the case of the nurses in R v Cahill, R v Pugh.’

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Digital Evidence and Electronic Signature Law Review, 18 (2021), 18-25, 15 December 2020

Source: journals.sas.ac.uk

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

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Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com

New criminal record disclosure rules take effect – UK Human Rights Blog

‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’

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UK Human Rights Blog, 1st December 2020

Source: ukhumanrightsblog.com

Guildford pub bomb police took action to keep files closed – BBC News

‘The police force investigating the Guildford pub bombs has been accused of a conflict of interest after it took legal action to keep archives closed. More than 700 files on the 1974 IRA bombs had been due to open this year but were retained by the Home Office. Inquest papers have shown Surrey Police applied for the files to stay closed.’

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BBC news, 2nd December 2020

Source: www.bbc.co.uk

International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

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Litigation Futures, 30th November 2020

Source: www.litigationfutures.com

New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’

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UKSC Blog, 27th November 2020

Source: ukscblog.com

Extensions to the Anti-Money Laundering Compliance Regime – Family Law Week

‘Matthew Moore, director of Infolegal, advises family lawyers of their obligations under anti-money laundering regulations following changes [to the] wording of what constitutes taxation advice.’

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Family Law Week, 24th November 2020

Source: www.familylawweek.co.uk

Helen’s Law receives Royal Assent – Ministry of Justice

‘Killers who withhold information on their victims could spend longer behind bars.’

Full press release

Ministry of Justice, 4th November 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

New Act – legislation.gov.uk

Posted November 6th, 2020 in criminal justice, disclosure, legislation, prisons, victims by tracey

Prisoners (Disclosure of Information About Victims) Act 2020

Source: www.legislation.gov.uk

Children: Public Law Update (October) – Family Law Week

“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”

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Family Law Week, 28th October 2020

Source: www.familylawweek.co.uk

Judge: Disclosure pilot demands co-operation, not unilateral action – Litigation Futures

Posted October 28th, 2020 in disclosure, judges, news, pilot schemes by sally

‘Parties in disagreement over how to proceed with disclosure under the pilot should not stop talking or engage in “point-scoring correspondence”, a judge has warned.’

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Litigation Futures, 28th October 2020

Source: www.litigationfutures.com

Law Society sets out priority areas for reform that would see less need for judicial review challenges – Local Government Lawyer

‘The Law Society has called for four reforms which it says would reduce the need for citizens to resort to judicial review, in its submission to the Independent Review of Administrative Law (IRAL).’

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Local Government Lawyer, 26th October 2020

Source: www.localgovernmentlawyer.co.uk

Re B: Judgment or Press Release? – Transparency Project

Posted October 21st, 2020 in appeals, children, disclosure, families, judgments, medical records, news by sally

‘The judgment has generated some coverage in the legal and mainstream press, and some of the below the line comments suggest that at least within the legal community it has had a mixed reception. In this blog post I look at why that might be.’

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Transparency Project, 19th October 2020

Source: www.transparencyproject.org.uk

Woman jailed after forging court order in bid to obtain medical records of relative subject to Court of Protection proceedings – Local Government Lawyer

‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’

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Local Government Lawyer, 5th October 2020

Source: www.localgovernmentlawyer.co.uk

Changes afoot as litigators lambast disclosure pilot – Litigation Futures

Posted September 28th, 2020 in civil procedure rules, costs, courts, disclosure, news, pilot schemes, solicitors, statistics by sally

‘Commercial litigators have vented their frustration – and in some cases anger – with the disclosure pilot in the Business and Property Courts, and changes to its rules have been put forward as a result of this and other feedback.’

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Litigation Futures, 24th September 2020

Source: www.litigationfutures.com

Defence QC’s accusation against prosecutor was not misconduct – Legal Futures

‘A QC who accused prosecution counsel of bad faith without reasonable grounds was in breach of Bar Standards Board rules but not to the level of professional misconduct, a tribunal has ruled.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk