Children: Public Law Update (December 2018) – Family Law Week

Posted December 14th, 2018 in care orders, child abuse, disclosure, evidence, family courts, identification, news, police, proof by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 13th December 2018

Source: www.familylawweek.co.uk

Wetherspoons wins court battle to reveal person behind ‘abusive’ parody account on Twitter – Daily Telegraph

Posted December 13th, 2018 in disclosure, identification, internet, news, privacy by tracey

‘The identity of a mystery tweeter responsible for fake Wetherspoon Twitter accounts will be revealed to the pub chain following a judge’s ruling.’

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Daily Telegraph, 13th December 2018

Source: www.telegraph.co.uk

The Disclosure Pilot: time to get ready – Hardwicke Chambers

Posted December 12th, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘Parties using the Business and Properties Courts need to familiarise themselves with a new Disclosure Pilot Scheme that is set to commence operation on 1 January 2019. In this article, co-authors of Electronic Disclosure: law and Practice (OUP, 2017) Michael Wheater and Charles Raffin run through an overview of the Pilot Scheme and flag some practical steps that parties and advisors can take to best prepare themselves for the enhanced disclosure related duties, and requirements, found under the Scheme.’

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Hardwicke Chamebrs, 30th November 2018

Source: hardwicke.co.uk

Disclosure Is Essential To A Fair Trial. We Must Get It Right – Rights Info

Posted December 12th, 2018 in Crown Prosecution Service, disclosure, human rights, news, police by sally

‘Barrister Stefan Hyman outlines why the duty of disclosure is integral to our criminal justice system and vital to a fair trial, a fundamental human right.’

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Rights Info, 12th December 2018

Source: rightsinfo.org

Privilege and Maxwellisation – what can we learn from recent FRC cases? – 4 New Square

‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’

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4 New Square, 11th December 2018

Source: www.4newsquare.com

‘Sexting’ allegations made against teenage boy will remain on file until he is 100 – despite no conviction – Daily Telegraph

‘Allegations made against a teenage boy that he ‘sexted’ girls at his school could remain on his police file until he is 100 – even though he was never convicted of any offence. The boy, known only as CL, lost a High Court legal bid to force the police to delete the details of the case.’

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Daily Telegraph, 6th December 2018

Source: www.telegraph.co.uk

Further CPS cuts impossible as workload grows, says new boss – The Guardian

‘The Crown Prosecution Service cannot sustain further cuts because digital technology is imposing heavy additional workloads on its lawyers, Max Hill QC, the new director of public prosecutions, has told MPs.’

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The Guardian, 4th December 2018

Source: www.theguardian.com

Sacked vegan claims discrimination in landmark case – BBC News

‘A tribunal is to be asked to decide whether veganism is a “philosophical belief” akin to a religion, in a landmark legal action.’

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BBC News, 3rd December 2018

Source: www.bbc.co.uk

Letters to art experts not covered by litigation privilege – Litigation Futures

‘Letters between Sotheby’s and two art experts concerning the authenticity of an Old Master painting sold for over $11m are not covered by litigation privilege, the High Court has ruled.’

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Litigation Futures, 27th November 2018

Source: www.litigationfutures.com

Uber fined after hackers download 2.7 million customers’ data – The Independent

Posted November 27th, 2018 in computer crime, data protection, disclosure, fines, news, privacy, taxis by tracey

‘Uber has been fined £385,000 for failing to protect customers’ information during a cyber attack, in a “serious breach” of UK data protection law. The Information Commissioners Office (ICO) found Uber was guilty of “a series of avoidable data security flaws” that allowed the personal details of around 2.7million UK customers to be accessed and downloaded by attackers.’

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The Independent, 27th November 2018

Source: www.independent.co.uk

Criminals may escape conviction due to lack of resources for forensics, says Lord Chief Justice – Daily Telegraph

‘Criminals may be escaping conviction because of a lack of resources for forensic investigations, the Lord Chief Justice warned yesterday.’

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Daily Telegraph, 20th November 2018

Source: www.telegraph.co.uk

SRA seeks protection over transgender disclosures – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pushing for protection for staff from criminal sanctions for disclosing information relating to transgender solicitors and other law firm staff.’

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Legal Futures, 20th November 2018

Source: www.legalfutures.co.uk

Creating a ‘zero tolerance’ culture for disclosure failings across the criminal justice system – Attorney General’s Office

Posted November 15th, 2018 in attorney general, criminal justice, disclosure, news by tracey

‘The Attorney General, Geoffrey Cox QC MP, has today published the Government’s Review of the efficiency and effectiveness of disclosure in the criminal justice system.’

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Attorney General’s Office, 15th November 2018

Source: www.gov.uk/ago

Supreme Court deals blow to second medical use patents – Law Society’s Gazette

Posted November 15th, 2018 in appeals, disclosure, intellectual property, medicines, news, patents, standards, Supreme Court by tracey

‘The Supreme Court today dismissed an appeal by pharmaceutical company Pfizer, in a case that should provide clarity on patent law surrounding claims for new medical uses for a protected drug. In judgment handed down this morning the court allowed an appeal by generic drug makers Actavis and Mylan. The decision means Pfizer’s patent covering a second medical use for its product is invalid.’

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Law Society's Gazette, 14th November 2018

Source: www.lawgazette.co.uk

The challenges facing England’s new prosecution chief – BBC News

Posted November 14th, 2018 in budgets, Crown Prosecution Service, disclosure, evidence, news, prosecutions by sally

‘Max Hill QC takes up his role as head of the Crown Prosecution Service (CPS), the chief agency for conducting criminal prosecutions in England and Wales, at a hugely challenging time.’

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BBC News, 13th November 2018

Source: www.bbc.co.uk

Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures

‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’

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Litigation Futures, 13th November 2018

Source: www.litigationfutures.com

Legal Challenge Protects Our Confidential NHS Data Being Shared with Home Office – Rights Info

‘NHS Digital has confirmed its withdrawal from an agreement to give the Home Office access to confidential data for immigration enforcement, following a legal challenge by campaigners.’

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Rights Info, 12th November 2018

Source: rightsinfo.org

Give victims right to challenge police and parole decisions, say MPs and Lords – Daily Telegraph

Posted November 13th, 2018 in compensation, consultations, criminal justice, disclosure, news, parole, police, victims by sally

‘Crime victims must get new legal rights to challenge parole and police decisions, a new all party group of MPs and Lords will demand today (Tues).’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian

‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Victims of gagging clauses to get a voice as Parliament launches inquiry in wake of Sir Philip Green scandal – Daily Telegraph

‘Victims forced to sign gagging clauses could be given a voice as Parliament today launches a new inquiry into the use of non-disclosure agreements following the scandal surrounding Sir Philip Green.’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk