Impact on rape victims of police phone seizures to be reviewed – The Guardian

‘The impact on rape victims of police seizures of their mobile phones is to be examined as the Metropolitan police begin piloting a data inspection system designed to limit invasion of privacy.’

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The Guardian, 16th February 2020

Source: www.theguardian.com

Vos issues warning to parties who abuse disclosure pilot – Litigation Futures

Posted February 17th, 2020 in costs, disclosure, documents, news, pilot schemes by sally

‘Parties that try to use the disclosure pilot for litigation advantage will face “serious adverse costs consequences”, the Chancellor of the High Court has warned, urging judges to take action if they see it.’

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Litigation Futures, 17th February 2020

Source: www.litigationfutures.com

Employees and child protection issues – Local Government Lawyer

‘The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.’

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Local Government Lawyer, 14th February 2020

Source: www.localgovernmentlawyer.co.uk

Jeremy Bamber lawyers say new evidence undermines conviction – The Guardian

Posted February 12th, 2020 in disclosure, documents, evidence, families, forensic science, murder, news, police, suicide by sally

‘Lawyers for Jeremy Bamber, who is serving a whole life sentence for murdering his family, have unearthed evidence that they say undermines the claim that it was “inconceivable” for his adoptive sister to have shot herself.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

COA Considers Causation & the Reach of s.43G in Jesudason v Alder Hey Childrens NHS Foundation Trust – Old Square Chambers

Posted February 11th, 2020 in causation, disclosure, news, victimisation, whistleblowers by sally

‘Mr Jesudason was a consultant paediatric surgeon for the Trust. Between 2009 and 2014, he made a number of allegations to the Trust, several regulatory bodies and other third parties, including the media. These allegations related to serious failures and wrongdoing in the operation of his Department at the Trust. Following the termination of his employment, Mr Jesudason brought claims of whistleblowing. His claims were dismissed by the ET and the EAT. Giving the sole judgment in the Court of Appeal, Sir Patrick Elias dismissed Mr Jesudason’s appeal.’

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Old Square Chambers, 4th February 2020

Source: www.oldsquare.co.uk

Disapplying fixed costs because of unreasonable behaviour – Hardwicke Chambers

Posted February 11th, 2020 in costs, disclosure, news, road traffic, striking out by sally

‘In a fixed costs RTA claim for credit hire, D alleged that C had failed to comply with an Unless Order to provide specific disclosure, and applied to strike out the claim.’

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Hardwicke Chambers, 5th February 2020

Source: hardwicke.co.uk

Paying the price for expert shopping: Burke v Imperial Healthcare [2019] EWHC 3719 (QB) – 12 King’s Bench Walk

Posted February 11th, 2020 in disclosure, expert witnesses, hospitals, negligence, news by sally

‘The judgment of Tipples J serves as a sharp reminder to parties who seek permission to change experts that they will be expected to notify the other party of their intention in advance of the hearing. Failure to do so will impose on them a duty to make full and frank disclosure and to ensure that all material information, both as to the law and the facts, is placed before the court. It is necessary to remind the court of the general rule that a party who seeks to change experts will be permitted to do so only on condition it discloses all the written evidence obtained from the former expert. To displace this general rule, the court will need to be satisfied that there is no hint of expert shopping and no attempt to withhold relevant information. ‘

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12 King's Bench Walk, 10th February 2020

Source: www.12kbw.co.uk

NDAs ‘should not silence sexual harassment claims’ – BBC News

‘Non-disclosure agreements (NDAs) should not be used to prevent someone from reporting sexual harassment in the workplace, according to new guidance.’

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BBC News, 10th February 2020

Source: www.bbc.co.uk

Refunds and Exchanges after (Forum) Shopping: Are You Allowed to Change Your Mind? – Hardwicke Chambers

Posted February 6th, 2020 in chambers articles, choice of forum, disclosure, jurisdiction, news by sally

‘The Claimant (MCM) commenced the present proceedings on 21 December 2017. Its initial claim pleaded only deceit and unjust enrichment, and was brought only against the First and Second Defendants pursuant to an English jurisdiction and governing law clause.’

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Hardwicke Chambers, 4th February 2020

Source: hardwicke.co.uk

Helen McCourt killer’s release confirmed as mother loses legal bid – The Guardian

Posted February 6th, 2020 in bereavement, bills, disclosure, families, murder, news, parole, victims by sally

‘The killer of Helen McCourt is due to be freed from prison next week despite never revealing where he hid her remains.’

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The Guardian, 5th February 2020

Source: www.theguardian.com

Court of Appeal adopts dominant purpose test – Henderson Chambers

‘Copying in your lawyer or having them at a meeting, does not necessarily mean that legal advice privilege will apply – in a law-changing judgment, the Court of Appeal has adopted the dominant purpose test in relation to Legal Advice Privilege.’

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Henderson Chambers, 30th January 2020

Source: www.hendersonchambers.co.uk

Appeal court confirms ‘dominant purpose’ test for legal advice privilege – OUT-LAW.com

‘The UK’s Civil Aviation Authority (CAA) could not claim legal advice privilege over email correspondence which was predominantly conducted for the purposes of seeking commercial views, rather than legal advice, the Court of Appeal has confirmed.’

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OUT-LAW.com, 4th February 2020

Source: www.pinsentmasons.com

Helen McCourt murderer Ian Simms to be released imminently – BBC News

Posted February 5th, 2020 in bereavement, bills, disclosure, families, murder, news, parole by tracey

‘A man jailed over the murder of a 22-year-old woman is due to be freed from prison imminently despite never revealing where he hid her remains.’

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BBC News, 4th February 2020

Source: www.bbc.co.uk

Important New Court of Appeal Decision on Legal Advice Privilege – Littleton Chambers

Posted February 4th, 2020 in disclosure, electronic mail, legal services, news, privilege by sally

‘The Court of Appeal decision on 28 January 2020 on legal advice privilege will be of significant interest to litigators and non-litigators alike. It will be particularly important for those responsible for disclosure reviews within litigation, and to organisations with in-house lawyers. Such was the significance of the issues at play that the Law Society sought, and was granted, leave to intervene in the appeal.’

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Littleton Chambers, 29th January 2020

Source: www.littletonchambers.com

Disclosing client instructions did not end confidentiality – OUT-LAW.com

Posted January 30th, 2020 in confidentiality, disclosure, news, privilege, solicitors by tracey

‘A law firm which provided written confirmation to a financing bank that it had had received instructions from its client did not automatically bring legal advice privilege to an end, and so need not provide the bank with other documents relating to a dispute between the lender and the client, the Court of Appeal of England and Wales has ruled.’

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OUT-LAW.com, 29th January 2020

Source: www.pinsentmasons.com

Legal advice must be “dominant purpose” for privilege to apply – Legal Futures

‘Legal advice privilege (LAP) only applies where documents were created with the “dominant purpose” of seeking or providing legal advice, appeal judges have ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Case Note: Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11 – Hailsham

Posted January 28th, 2020 in chambers articles, confidentiality, disclosure, news, privilege, solicitors by sally

‘The last few years has seen a raft of higher court authority dealing with questions of the nature of the law of the various types of privilege when it comes to disclosure of documents. In the latest case, the Court of Appeal has held that confidentiality and privilege is not lost in respect of documents pertaining to client instructions simply because a solicitor makes a statement to a third party pursuant to those instructions.’

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Hailsham Chambers, 23rd January 2020

Source: www.hailshamchambers.com

Courts “more willing” to rule on fundamental dishonesty – Litigation Futures

Posted January 22nd, 2020 in accidents, appeals, courts, deceit, disclosure, fraud, news, road traffic by sally

‘There are signs that courts are more willing to make findings of fundamental dishonesty when they reject claimants’ cases, a leading defendant firm has suggested.’

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Litigation Futures, 21st January 2020

Source: www.litigationfutures.com

Privileged Information and Settlement Agreements – Parklane Plowden Chambers

‘Do Defendants have a right to see unredacted settlement agreements which have privileged communications in them? The case of BGC Broker LP (above) addresses this.’

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Parklane Plowden Chambers, 17th January 2020

Source: www.parklaneplowden.co.uk

Gareth Price reviews the need for a detriment to take place within the “employment field”. – Parklane Plowden Chambers

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, news, unfair dismissal by sally

‘The Court of Appeal has considered an interesting argument regarding an employee who, ostensibly, made protected disclosures and allegedly suffered detriments as a result – but may not have done so within the ‘employment field’; Tiplady v. City of Bradford Metropolitan District Council [2019] EWCA Civ 2180.’

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Parklane Plowden Chambers, 14th January 2020

Source: www.parklaneplowden.co.uk