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).’

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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.’

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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.’

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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.’

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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.’

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The Guardian, 6th August 2018

Source: www.theguardian.com

Identifiability and the Unmotivated Intruder – Panopticon

Posted August 6th, 2018 in disclosure, freedom of information, identification, news, statistics by sally

‘It is not uncommon for public authorities who hold statistical data to decline to disclose specific figures in categories for which the number is fewer than five, on the basis of a fear that the number of affected people is sufficiently small that they are reasonably identifiable. In other words, they rely on section 40(2) FOIA to withhold the number.That approach has now been considered by the Upper Tribunal in Information Commissioner v Miller [2018] UKUT 229 (AAC). That case concerned a request to (what is now) MHCLG for their information supplied by local authorities on a range of homelessness statistics. In relation to parts of the dataset which related to five or fewer individuals, section 40(2) was relied on. The FTT disagreed in a decision on the papers and the ICO appealed.’

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Panopticon, 3rd August 2018

Source: panopticonblog.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

Posted August 2nd, 2018 in appeals, criminal records, disclosure, news, police, proportionality, Supreme Court, taxis by tracey

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

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UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com

Are the parameters of professional privilege about to be redefined? – Family Law

Posted August 2nd, 2018 in disclosure, documents, news, privilege by tracey

‘Family analysis: Sarah Bazaraa, senior associate at Pannone Corporate LLP, looks at the unusual facts in Bruzas v Saxton [2018] EWHC 1619 (Fam), [2018] All ER (D) 160 (Jun) and considers whether the issues raised in the case may redefine the boundaries of legal professional privilege.’

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Family Law, 1st August 2018

Source: www.familylaw.co.uk

Rule committee signs off disclosure pilot rules – Litigation Futures

Posted August 1st, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts.’

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Litigation Futures, 1st August 2018

Source: www.litigationfutures.com

Home Office misled court about treatment of child refugees from Calais, judges find – The Guardian

‘The government “materially misled” the high court about its treatment of child refugees who applied for safe passage to the UK from Calais, giving incomplete evidence that was “a serious breach of the duty of candour and cooperation”, the court of appeal ruled on Tuesday.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

Man freed on first day of acid attack trial in Liverpool – The Guardian

‘A judge has called on the Crown Prosecution Service to expand its review of disclosure failures after a man spent six months in prison accused of carrying out an acid attack only to be freed on the first day of his trial.’

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The Guardian, 21st July 2018

Source: www.theguardian.com

Changes Proposed to Code for Crown Prosecutors to drive improvements in disclosure – Crown Prosecution Service

‘Making sure clearer, earlier information about mobile phone evidence is available before a suspect is charged with a crime is part of a raft of proposed changes announced by the Director of Public Prosecutions today. This will include mobile phone messages sent by suspects and accusers in cases where the parties are known to each other.’

Full press release

Crown Prosecution Service, 23rd July 2018

Source: www.cps.gov.uk

Offshore owners of British property to be forced to reveal names – The Guardian

Posted July 24th, 2018 in bills, disclosure, money laundering, news by tracey

‘Offshore owners of British property will be forced to reveal their true identities or face jail sentences and unlimited fines under draft laws that aim to end the UK’s reputation as a high-risk jurisdiction for money laundering.’

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The Guardian, 23rd July 2018

Source: www.theguardian.com

Statement following the publication of the Justice Select Committee report on Disclosure – Crown Prosecution Service

‘The Crown Prosecution Service and the National Police Chiefs Council have today (20 July) issued a joint response into the Justice Select Committee Report over Disclosure of evidence in criminal cases.’

Full press release

Crown Prosecution Service, 20th July 2018

Source: www.cps.gov.uk

Director of public prosecutions criticised for ‘insufficient leadership’ over failings that saw evidence withheld from defence lawyers – The Independent

Posted July 20th, 2018 in Crown Prosecution Service, disclosure, evidence, news by tracey

‘Weak leadership by the director of public prosecutions failed to tackle failings that led to innocent people to be wrongly imprisoned, MPs have found.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

UK government launches consultation on open justice – OUT-LAW.com

‘The UK government is seeking to clarify the rules governing when litigation should be heard in private, in a bid to safeguard the principles of open justice.’

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OUT-LAW.com, 16th July 2018

Source: www.out-law.com

Lawyers could be forced to share notes of hearings with litigants in person – Litigation Futures

‘A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice (MoJ). Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.’

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Litigation Futures, 17th July 2018

Source: www.litigationfutures.com

Achieving sea-change: criminal disclosure failures – Counsel

Posted July 16th, 2018 in Crown Prosecution Service, disclosure, news, prosecutions, reports by tracey

‘Too little, too late? As the CPS publishes its disclosure review, Narita Bahra and Fiona Robertson assess whether its assurances and safeguards can possibly achieve the pledged sea change.’

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Counsel, July 2018

Source: www.counselmagazine.co.uk

Police and prosecution lawyers fail to correctly disclose evidence in nearly half of cases, watchdog says – Daily Telegraph

Posted July 13th, 2018 in disclosure, evidence, news, police, reports by tracey

‘Police and prosecution lawyers are failing to correctly disclose evidence in nearly half of court cases, watchdog review has found.’

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Daily Telegraph, 12th July 2018

Source: www.telegraph.co.uk

Pay defence practitioners earlier to improve disclosure – attorney general – Law Society’s Gazette

‘Redesigning the legal aid system to pay defence practitioners earlier in a case could help to tackle long-standing disclosure challenges, the attorney general has told MPs.’

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Law Society's Gazette, 9th July 2018

Source: www.lawgazette.co.uk