‘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)).’
Guildhall Chambers, 15th February 2021
Source: www.guildhallchambers.co.uk
‘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.’
Devon Chambers, February 2021
Source: www.devonchambers.co.uk
‘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”).’
UKSC Blog, 8th February 2021
Source: ukscblog.com
‘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.’
OUT-LAW.com, 8th February 2021
Source: www.pinsentmasons.com
‘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.’
Law Society's Gazette, 3rd February 2021
Source: www.lawgazette.co.uk
‘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?’
UKSC Blog, 2nd February 2021
Source: ukscblog.com
‘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.’
The Guardian, 27th January 2021
Source: www.theguardian.com
‘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.’
Henderson Chambers, 19th January 2021
Source: www.hendersonchambers.co.uk
‘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.’
Litigation Futures, 27th January 2021
Source: www.litigationfutures.com
‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’
Local Government Lawyer, 21st January 2021
Source: www.localgovernmentlawyer.co.uk
‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’
Legal Futures, 21st January 2021
Source: www.litigationfutures.com
‘In The Government of the United States v Julian Assange (2021), the District Judge sitting at Westminster Magistrates’ Court discharged the American extradition request against the founder of WikiLeaks because there is a substantial risk that he would commit suicide. Given Julian Assange’s political notoriety as an avowed whistle-blower, however, the judgment is significant for its dismissal of the defence’s free speech arguments. This article analyses why these human rights submissions were unsuccessful.’
UK Human Rights Blog, 21st January 2021
Source: ukhumanrightsblog.com
‘The Supreme Court has refused to interfere in a ruling that legal professional privilege (LPP) which covers an email does not extend to any attachments.’
Legal Futures, 21st January 2021
Source: www.legalfutures.co.uk
‘A High Court judge has set out lessons for the future in non-notification cases, after refusing to endorse a local authority’s decision not to disclose the existence of a 10-month-old boy to his father.’
Local Government Lawyer, 18th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’
Family Law Week, 14th January 2021
Source: www.familylawweek.co.uk
‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’
Hardwicke Chambers, 8th January 2021
Source: hardwicke.co.uk
‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’
Exchange Chambers, 4th January 2021
Source: www.exchangechambers.co.uk
‘Wikileaks founder Julian Assange cannot be extradited to the United States, a court in London has ruled.’
BBC News, 4th January 2021
Source: www.bbc.co.uk
‘This paper sets out recommendations for a two stage disclosure process in an attempt to avoid the problems with disclosure of computer data/material in court proceedings, problems that have been exposed in two cases in England: the Post Office Horizon scandal, and the case of the nurses in R v Cahill, R v Pugh.’
Digital Evidence and Electronic Signature Law Review, 18 (2021), 18-25, 15 December 2020
Source: journals.sas.ac.uk
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