disclosure – Page 12 – Current Awareness

Woman jailed after forging court order in bid to obtain medical records of relative subject to Court of Protection proceedings – Local Government Lawyer

Posted October 6th, 2020 in confidentiality, contempt of court, Court of Protection, disclosure, forgery, medical records, news, sentencing by tracey

‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’

Local Government Lawyer, 5th October 2020

Source: www.localgovernmentlawyer.co.uk

Changes afoot as litigators lambast disclosure pilot – Litigation Futures

Posted September 28th, 2020 in civil procedure rules, costs, courts, disclosure, news, pilot schemes, solicitors, statistics by sally

‘Commercial litigators have vented their frustration – and in some cases anger – with the disclosure pilot in the Business and Property Courts, and changes to its rules have been put forward as a result of this and other feedback.’

Litigation Futures, 24th September 2020

Source: www.litigationfutures.com

Defence QC’s accusation against prosecutor was not misconduct – Legal Futures

Posted September 25th, 2020 in barristers, codes of practice, disciplinary procedures, disclosure, expert witnesses, negligence, news, professional conduct by sally

‘A QC who accused prosecution counsel of bad faith without reasonable grounds was in breach of Bar Standards Board rules but not to the level of professional misconduct, a tribunal has ruled.’

Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

Infected blood scandal: Treasury refuses to publish key documents – The Guardian

Posted September 21st, 2020 in bereavement, blood products, disclosure, documents, freedom of information, government departments, inquiries, media, news by sally

‘The Treasury is refusing to publish key documents about the treatment of haemophiliacs infected by the NHS with HIV on the grounds that it would be “disruptive” and material might be “distorted” by the media.’

The Guardian, 21st September 2020

Source: www.theguardian.com

Courts must “get a handle” on disclosure pilot costs – Litigation Futures

Posted September 10th, 2020 in costs, disclosure, news, pilot schemes, solicitors by sally

‘The Business and Property Courts must “get a handle” on why most solicitors believe the disclosure pilot is not producing cost savings, the professor monitoring its progress has said.’

Litigation Futures, 9th September 2020

Source: www.litigationfutures.com

UK man who murdered wife to be freed despite refusal to reveal location of body – The Guardian

Posted September 9th, 2020 in disclosure, domestic violence, families, murder, news, parole by sally

‘A man who murdered his wife 35 years ago is to be released from prison despite refusing to reveal the whereabouts of her body.’

The Guardian, 8th September 2020

Source: www.theguardian.com

Campaigners start legal challenge to UK’s $1bn grant to Mozambique gas project – The Guardian

Posted September 7th, 2020 in climate change, disclosure, energy, environmental protection, government departments, judicial review, news by sally

‘Environmentalists at Friends of the Earth will mount a legal challenge against the government’s decision to offer $1bn in financial support to a major fossil fuel project in Mozambique that they say is “incompatible” with the Paris climate agreement.’

The Guardian, 7th September 2020

Source: www.theguardian.com

Reforms to UK’s antiquated spying laws published by Law Commission – Law Commission

Posted September 2nd, 2020 in disclosure, freedom of expression, human rights, intelligence services, interception, Law Commission, press releases, proportionality, public interest, spying, statute law revision by tracey

‘Reform is needed to bring the law into the 21st century and protect the United Kingdom from espionage (spying) and unauthorised disclosures (leaks), according to a report from the Law Commission that has been laid in Parliament today [01 September 2020].’

Law Commission, 1st September 2020

Source: www.lawcom.gov.uk

PI solicitor struck off for “stupid” decision to forge client’s signature – Legal Futures

Posted August 28th, 2020 in deceit, disciplinary procedures, disclosure, documents, forgery, news, personal injuries, professional conduct, solicitors by sally

‘An experienced personal injury solicitor who forged his client’s signature on two court documents to progress her case “acted stupidly” and had to be struck off, a tribunal has decided.’

Legal Futures, 28th August 2020

Source: www.legalfutures.co.uk

Judge lashes out at “shameful drivel” produced in RTA claims – Litigation Futures

Posted August 28th, 2020 in disciplinary procedures, disclosure, documents, forgery, law firms, negligence, news, personal injuries, professional conduct, solicitors by sally

‘A deputy district judge lambasted law firms’ approach to low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.’

Litigation Futures, 28th August 2020

Source: www.litigationfutures.com

Christopher Alder: Legal action sought over body mix-up – BBC News

Posted August 26th, 2020 in bereavement, burials and cremation, death in custody, disclosure, documents, families, inquests, inquiries, news, police by sally

‘The sister of a man found in a mortuary 11 years after he was believed to have been buried is planning to take legal action against South Yorkshire Police.’

BBC News, 25th August 2020

Source: www.bbc.co.uk

PI Fraud: when silence can be FD – Park Square Barristers

Posted August 19th, 2020 in accidents, appeals, chambers articles, damages, disclosure, fraud, insurance, news, personal injuries by sally

‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’

Park Square Barristers, 3rd August 2020

Source: www.parksquarebarristers.co.uk

David Lammy: ‘Ex-offenders should have the chance of a clean slate’ – The Guardian

Posted August 13th, 2020 in criminal justice, criminal records, disclosure, employment, news, rehabilitation, unemployment by sally

‘There are currently more than 11 million people in the UK with a criminal record. The latest research suggests that nearly three-quarters of ex-offenders are unemployed on release from prison, with 50% of employers saying they would not even consider hiring an ex-offender. This amounts to a second sentence for those who have already served their time, often trapping offenders in a cycle of reoffence. The Ministry of Justice estimates the total economic and social cost of reoffending at £18.1bn per year. The criminal records regime contributes to an extortionately expensive revolving door.’

The Guardian, 13th August 2020

Source: www.theguardian.com

Council must pay costs of redacting documents for journalist – Litigation Futures

Posted August 12th, 2020 in costs, disclosure, documents, local government, media, news by sally

‘A local authority must cover the costs of redacting court documents which are being disclosed to a freelance journalist, the High Court has ruled.’

Litigation Futures, 12th August 2020

Source: www.litigationfutures.com

POCA disclosure orders, notices and overseas recipients (Faerman v SFO): James Fletcher for Lexis Nexis – 5SAH

Posted August 12th, 2020 in Administrative Court, chambers articles, disclosure, news, proceeds of crime, Serious Fraud Office by sally

‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’

5SAH, 30th July 2020

Source: www.5sah.co.uk

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

Posted August 10th, 2020 in adoption, care orders, chambers articles, children, costs, data protection, disclosure, documents, families, family courts, human rights, local government, media, news, parental responsibility, privacy by sally

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

Panopticon, 7th August 2020

Source: panopticonblog.com

British trafficking victim sues Priti Patel alleging abuse of personal data – The Guardian

Posted July 31st, 2020 in charities, data protection, disclosure, government departments, human rights, learning difficulties, mental health, news, privacy, trafficking in human beings, victims by sally

‘A British victim of trafficking is bringing a case against the home secretary, Priti Patel, arguing that her department unlawfully accessed personal information including details of her intimate thoughts.’

The Guardian, 30th July 2020

Source: www.theguardian.com

Cape v Dring: High Court clarifies the proper approach to applications by non-parties for access to documents referred to at trial under the inherent jurisdiction and open justice principle – Henderson Chambers

Posted July 30th, 2020 in asbestos, disclosure, documents, industrial injuries, jurisdiction, news, third parties by sally

‘The Cape v Dring litigation concerns an attempt by a non-party to obtain copies of the trial bundle used during a six-week asbestos trial involving Cape which settled before judgment in early 2017. At first instance the Master granted the non-party permission to have copies of all documents, including the trial bundle of 5000 pages of disclosure, referred to at the trial. The Supreme Court confirmed in July 2019 that the non-party was entitled to written submissions, witness statements and expert reports under the inherent jurisdiction of the court, but remitted the question of what, if any, documents in the trial bundle the non-party should obtain to the original trial judge. On 16 July 2020 Picken J considered that question and held that Mr Dring was not entitled to receive any other documents.’

Henderson Chambers, 17th July 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Judges urged to quash Helen McCourt killer’s parole – BBC News

Posted July 30th, 2020 in bereavement, bills, burials and cremation, disclosure, judicial review, murder, news, parole by sally

‘The mother of a 22-year-old insurance clerk murdered in 1988 has asked judges to quash a Parole Board decision to release her daughter’s killer.’

BBC News, 29th July 2020

Source: www.bbc.co.uk

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