Failure to disclose vital evidence in criminal cases growing, says watchdog – The Guardian

‘Failure to disclose vital evidence is the biggest single cause of miscarriages of justice and the problem is getting worse, the outgoing chairman of the Criminal Cases Review Commission (CCRC) has said.’

Full Story

The Guardian, 11th October 2018

Source: www.theguardian.com

Who must disclose what and when? – Family Law

Posted October 9th, 2018 in civil procedure rules, disclosure, documents, family courts, news by tracey

‘Family procedural law is not as clear as it might be over when “a person who is not a party to the proceedings” (a non-party) can be compelled to produce documents and other information into family proceedings (eg the police, tax authorities, a doctor or accountant etc).’

Full Story

Family Law, 9th October 2018

Source: www.familylaw.co.uk

Divorce & Financial Remedy Update, October 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during September 2018.’

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Family Law Week, 2nd October 2018

Source: www.familylawweek.co.uk

Chiropractor disciplined after telling woman her daughter was pregnant – Daily Telegraph

Posted October 4th, 2018 in disciplinary procedures, disclosure, health, news, pregnancy by tracey

‘A gossiping chiropractor faced a disciplinary hearing after he told a patient’s mother that her daughter was pregnant.’

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Daily Telegraph, 3rd Otober 2018

Source: www.telegraph.co.uk

High Court: Judge has no power to order solicitor to hand over client file – Litigation Futures

‘Judges do not have power to order a solicitor to give a former client copies of documents which are the property of the solicitor, the High Court has ruled.’

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Litigation Futures, 1st October 2018

Source: www.litigationfutures.com

SFO increasingly using power to demand information without court approval – OUT-LAW.com

Posted September 27th, 2018 in disclosure, investigatory powers, news, Serious Fraud Office by tracey

‘The Serious Fraud Office (SFO) is increasingly using its powers to demand information from large businesses without the need to ask for court approval, new data has shown.’

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OUT-LAW.com, 26th September 2018

Source: www.out-law.com

BSB seeks views on draft of new Bar transparency rules – Bar Standards Board

Posted September 13th, 2018 in barristers, consultations, disclosure, legal services, press releases, reports by tracey

‘The Bar Standards Board (BSB) has today launched a consultation to seek views about its proposed new rules to improve transparency standards for clients of the Bar.’

Full press release

Bar Standards Board, 13th September 2018

Source: www.barstandardsboard.org.uk

Litigation Privilege: rationale and scope defined — Guy Mansfield QC – UK Human Rights Blog

Posted September 10th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The Director of the SFO v ENRC [2018] EWCA Civ 2006. Eurasian Natural Resources Corp, the defendant to the Serious Fraud Office’s application to enforce notices seeking to compel the production of documents, has had a chequered history in the last 10 years since it came to the London market (in January 2014 it delisted and went private). In December 2010, a whistleblower alerted the company by email to serious allegations of corruption, fraud and bribery within its group.’

Full Story

UK Human Rights Blog, 10th September 2018

Source: ukhumanrightsblog.com

Case Comment: Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 – UKSC Blog

‘The Supreme Court heard the case of Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 in which it considered the duty of Reilly, a headteacher at a school, to disclose her relationship with a man called Mr Selwood who was convicted making indecent images of children.’

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UKSC Blog, 3rd September 2018

Source: ukscblog.com

Landmark privilege win: appeal court rules against SFO in ENRC case – Law Society’s Gazette

Posted September 6th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The protective scope of professional privilege received an important boost today when an appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings. In a much awaited ruling, the President of the Queen’s Bench Division Sir Brian Leveson, Chancellor of the High Court Sir Geoffrey Vos and Lord Justice McCombe this morning backed an appeal over a High Court ruling that a business under investigation by the Serious Fraud Office should turn over materials prepared for an earlier internal investigation.’

Full Story

Law Society's Gazette, 5th September 2018

Source: www.lawgazette.co.uk

Freezing injunction duty of disclosure ‘should not be taken lightly’ – OUT-LAW.com

Posted September 4th, 2018 in disclosure, financial regulation, injunctions, news by sally

‘The High Court has discharged a $3 billion worldwide freezing order (WFO) granted in favour of the sovereign wealth fund of Angola due to “serious and substantial” breaches of its duty to provide full and frank disclosure of all material facts in the case.’

Full Story

OUT-LAW.com, 30th August 2018

Source: www.out-law.com

Council in legal bid to force disclosure of Brexit impact – Local Government Lawyer

Posted September 3rd, 2018 in brexit, disclosure, EC law, government departments, local government, news by sally

‘Plymouth City Council has claimed to be the first to use the Sustainable Communities Act to try to force the government to reveal the impact of Brexit.’

Full Story

Local Government Lawyer, 30th August 2018

Source: www.localgovernmentlawyer.co.uk

Bar Council: New open justice rule could disadvantage litigants in person – Litigation Futures

Posted August 28th, 2018 in barristers, civil procedure rules, disclosure, litigants in person, news by sally

‘A new rule putting the parties under an explicit obligation to disclose to the other side communications with the court could disadvantage litigants in person (LiPs), the Bar Council has warned.’

Full Story

Litigation Futures, 24th August 2018

Source: www.litigationfutures.com

High Court: No duty on solicitors to alert other side to errors – Litigation Futures

Posted August 23rd, 2018 in civil procedure rules, disclosure, law firms, news, service, solicitors by sally

‘Litigation solicitors are not under a duty to alert their opponents to errors which they have not caused, the High Court has ruled.’

Full Story

Litigation Futures, 23rd August 2018

Source: www.litigationfutures.com

Banks subject to UK disclosures on security and outage incidents – OUT-LAW.com

Posted August 23rd, 2018 in banking, computer crime, disclosure, financial regulation, news by sally

‘Rules requiring banks to publically disclose how often they have had to report major operational and security incidents have taken effect in the UK.’

Full Story

OUT-LAW.com, 22nd August 2018

Source: www.out-law.com

Success of court disclosure reforms requires ‘cultural change’ – OUT-LAW.com

Posted August 10th, 2018 in civil procedure rules, disclosure, documents, news by sally

‘Plans to overhaul document disclosure in the courts in England and Wales have been approved by the Civil Procedure Rule Committee (CPRC).’

Full Story

OUT-LAW.com, 8th August 2018

Source: www.out-law.com

Inadequate police disclosure in care proceedings – Family Law

Posted August 10th, 2018 in care orders, disclosure, news, police by sally

‘Following A Local Government v A and others [2018] EWHC 1819 (Fam), a hearing involving the death of a baby in suspicious circumstances, Gemma Taylor QC at 42 Bedford Row and Samantha Bowcock at 15 Winckley Square Chambers, stress the importance of disclosure of relevant material in care proceedings and examine the steps that police and local authorities should take in order to avoid compromising a case.’

Full Story

Family Law, 8th August 2018

Source: www.familylaw.co.uk

Proper practice on seeking permission to appeal (Lisle-Mainwaring v Associated Newspapers Ltd) – Hardwicke Chambers

Posted August 9th, 2018 in appeals, disclosure, harassment, news by sally

‘What is the proper procedure when submitting an application for permission to appeal? Phillip Patterson, a barrister at Hardwicke Chambers, considers the Court of Appeal’s judgment in Lisle-Mainwaring v Associated Newspapers Ltd and explains why any informal attempt to seek permission to appeal from the lower court is invalid.’

Full Story

Hardwicke Chambers, 30th July 2018

Source: www.hardwicke.co.uk

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

Full Story

Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

Surrey police to hold review after trial of Jonathan King collapse – The Guardian

Posted August 7th, 2018 in child abuse, disclosure, news, police, prosecutions, sexual offences by sally

‘An independent review will take place after “fundamental failures” led to the collapse of disgraced music industry figure Jonathan King’s trial, a police and crime commissioner has said.’

Full Story

The Guardian, 6th August 2018

Source: www.theguardian.com