Category: disclosure

Improper Non-Disclosure of a Complainant’s Medical Records – Pump Court Chambers

Posted March 11th, 2021 in chambers articles, consent, disclosure, drug abuse, medical records, mental health, news by sally

‘A Complainant (“C”) refuses to consent to his GP providing the Crown with medical records. The Defendant (“D”) has requested disclosure of these records, on the understanding that C has a history of prolonged substance abuse and mental health concerns. C has also indicated that he believes information within the records is detrimental to the Crown’s case; hence, his refusal.’

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Pump Court Chambers, 25th February 2021

Source: www.pumpcourtchambers.com

Nazir Ahmed trial collapses due to ‘disgraceful’ late disclosure of evidence – The Guardian

Posted March 10th, 2021 in child abuse, children, disclosure, evidence, news, prosecutions, rape, sexual offences, young offenders by sally

‘The trial of a former Labour peer accused of sexually abusing younger children has collapsed due a “disgraceful” late disclosure of evidence by the prosecution, a judge has said.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

Women ‘almost twice as likely’ to have criminal records disclosed when applying for work – The Independent

Posted March 9th, 2021 in criminal records, disclosure, employment, news, recruitment, reports, vetting by tracey

‘Women are almost twice as likely as men to have their criminal records disclosed when applying for a job, and to suffer “sustained stigma” from employers, a new study has found.’

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The Independent, 8th March 2021

Source: www.independent.co.uk

M (A Child): Live streaming from the Court of Appeal on Thursday 4th March – Should a journalist be able to see the court documents behind a flawed decision that a child needed adoption? – Transparency Project

Posted March 4th, 2021 in adoption, children, disclosure, documents, human rights, media, news, practice directions, public interest, skeleton arguments by sally

‘This is a short blog to introduce the people and issues, and explain the lead up, ahead of the live-streamed appeal in M (A Child) tomorrow. It aims to give non lawyers a bit of orientation and some links when tuning in to the court of appeal proceedings.’

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Transparency Project, 3rd March 2021

Source: www.transparencyproject.org.uk

Climate change “could transform legal profession” – Legal Futures

Posted February 25th, 2021 in choice of forum, climate change, disclosure, environmental protection, legal profession, legal services, news, reports by sally

‘Helping clients cope with the repercussions of climate change could transform the legal profession, a Law Society report has predicted, as lawyers focus on “proactive risk management advice”, knowledge of numerous legal frameworks and “out-of-the-box thinking”.’

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Legal Futures, 25th February 2021

Source: www.legalfutures.co.uk

James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association

Posted February 24th, 2021 in constitutional law, coronavirus, criminal justice, disclosure, emergency powers, forgery, government departments, imprisonment, news, parliament, rule of law, sentencing by sally

‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’

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UK Constitutional Law Association, 24th February 2021

Source: ukconstitutionallaw.org

Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog

Posted February 24th, 2021 in appeals, criminal justice, disclosure, foreign jurisdictions, fraud, investigatory powers, news, Serious Fraud Office, Supreme Court by sally

In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.

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UKSC Blog, 24th February 2021

Source: ukscblog.com

Rape social media posts: How speaking out got twin sisters sued – BBC News

Posted February 24th, 2021 in anonymity, damages, defamation, disclosure, Ministry of Justice, news, rape, sexual offences, victims by sally

‘Two sisters say they’ve been silenced by the man they reported for sexual assault after he sued them for talking about what happened.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

‘Extraordinary’: court hears how claimant won case two years after his death – Law Society’s Gazette

Posted February 24th, 2021 in abuse of process, appeals, bereavement, claims management, disclosure, families, land registration, news by sally

‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’

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Law Society's Gazette, 23rd February 2021

Source: www.lawgazette.co.uk

Ex-Labour staffer goes to court to try to identify leaker of antisemitism report – The Guardian

Posted February 23rd, 2021 in anonymity, disciplinary procedures, disclosure, Judaism, news, political parties, privacy, racism, reports by tracey

‘A former senior Labour staffer has taken the party to court in an attempt to force it to disclose the identity of the leaker of a report on antisemitism in the party that contained hundreds of private WhatsApp messages.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com

Directors’ duties to disclose conflicts of interest: Fairford Water Ski Club v Cohoon & Craig Cohoon Watersports [2021] EWCA Civ 143 – Guildhall Chambers

Posted February 19th, 2021 in appeals, chambers articles, company directors, conflict of interest, disclosure, fees, news, statutory interpretation by sally

‘On 9 February 2021, the Court of Appeal unanimously allowed Mr Cohoon and Craig Cohoon Watersports’ (“Watersports”) appeal against the decision of His Honour Judge Russen QC at first instance ([2020] EWHC 290 (Comm)).’

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Guildhall Chambers, 15th February 2021

Source: www.guildhallchambers.co.uk

Legal action begins against climate lawyer in Heathrow expansion row – The Independent

Posted February 19th, 2021 in airports, appeals, barristers, climate change, confidentiality, contempt of court, disclosure, environmental protection, news, professional conduct, Supreme Court by tracey

‘Court proceedings have been launched against a climate charity lawyer for leaking a decision to expand Heathrow Airport.’

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The Independent, 18th February 2021

Source: www.independent.co.uk

Criminal Law Update – Devon Chambers

Posted February 11th, 2021 in chambers articles, codes of practice, criminal procedure, disclosure, news by sally

‘The new 2020 versions of the Disclosure Code of Practice issued under the Criminal Procedure and Investigations Act (CPIA) 1996 (“the Code”) and Attorney General’s Guidelines on Disclosure (AGG) are probably not lockdown reading of choice for anybody. Nevertheless, they contain new procedures and a sea change in some respects and it will be essential for criminal practitioners to get to grips with the new requirements. There is a new emphasis on a thoughtful, rather than a prescriptive approach. Disclosure is to be integral to an investigation and not an adjunct.’

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Devon Chambers, February 2021

Source: www.devonchambers.co.uk

Case Preview: R (on the application of A) v Secretary of State for the Home Department – UKSC Blog

Posted February 10th, 2021 in appeals, child abuse, children, disclosure, human rights, news, privacy, sexual offences, Supreme Court by sally

‘On 10 February, the Supreme Court will hear the appeal in R (A) v SSHD. The case concerns the legality of guidance issued under the Multi Agency Public Protection Arrangements (“MAPPA”).’

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UKSC Blog, 8th February 2021

Source: ukscblog.com

Documents on CEO’s personal phone should be disclosed, court rules – OUT-LAW.com

Posted February 8th, 2021 in company directors, disclosure, dispute resolution, documents, news, pilot schemes, telecommunications by tracey

‘The terms of a contractual agreement between a CEO and his company mean material held on a personal mobile phone should be disclosed in litigation the company is involved in, the High Court of England has ruled.’

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OUT-LAW.com, 8th February 2021

Source: www.pinsentmasons.com

Domestic Abuse Bill: calls for data ‘firewall’ to protect migrant women – Law Society’s Gazette

Posted February 5th, 2021 in bills, data protection, disclosure, domestic violence, government departments, immigration, news, pilot schemes, victims, women by sally

‘The government has been urged to remove ‘blind spots’ in the Domestic Abuse Bill that could deter migrant women from reporting domestic abuse to the police for fear of being deported or enable perpetrators to control their victims.’

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Law Society's Gazette, 3rd February 2021

Source: www.lawgazette.co.uk

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

Posted February 3rd, 2021 in appeals, arbitration, bias, compensation, confidentiality, damages, disclosure, insurance, international law, news, Supreme Court by sally

‘In this post, Neil Newing and Olivia Flasch who both practice at Signature Litigation, comment upon the decision handed down by the UK Supreme Court in the matter of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. They ask: is the decision a missed opportunity?’

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UKSC Blog, 2nd February 2021

Source: ukscblog.com

Court rejects Corbyn disclosure claim in Labour suspension battle – The Guardian

Posted January 28th, 2021 in disciplinary procedures, disclosure, documents, news, political parties, race discrimination by sally

‘Jeremy Corbyn has lost a legal fight to force Labour to hand over documents before a possible high court challenge against his suspension from the parliamentary party.’

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The Guardian, 27th January 2021

Source: www.theguardian.com

Reflections on Maughan: disclosure in inquests – Henderson Chambers

Posted January 28th, 2021 in appeals, chambers articles, coroners, disclosure, inquests, news, standard of proof, Supreme Court, unlawful killing by sally

‘Inquests are not adversarial proceedings. However, the Supreme Court decision in Maughan (lowering the standard of proof for an inquest conclusion of ‘unlawful killing’ to the balance of probabilities) has left practitioners concerned about the ability of the coronial process to protect Interested Persons (“IPs”) from the serious reputational damage such a conclusion will inevitably cause. This article looks at one critical part of the process, namely disclosure.’

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Henderson Chambers, 19th January 2021

Source: www.hendersonchambers.co.uk

Solicitor fined for failing to disclose counsel’s opinions to ATE insurer – Litigation Futures

Posted January 28th, 2021 in costs, damages, disciplinary procedures, disclosure, fines, insurance, news, professional conduct, solicitors by sally

‘An experienced solicitor who failed to disclose two counsel’s opinions on a case to an after-the-event (ATE) insurer, one of them assessing chances of success at less than 50%, has been fined £8,000.’

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Litigation Futures, 27th January 2021

Source: www.litigationfutures.com