‘There are no special rules allowing regulators such as the Financial Reporting Council (FRC) to override the protection of legal professional privilege (LPP), the Court of Appeal has ruled.’
Legal Futures, 20th February 2020
Source: www.legalfutures.co.uk
‘The UK’s accounting watchdog has launched a major review into whether companies and their auditors are adequately reflecting the financial risks of the climate crisis in their accounts.’
The Guadian, 20th February 2020
Source: www.theguardian.com
‘The claimant (Mr Russell) was one of four individuals involved in a joint venture property development business. The parties entered into a joint venture agreement which obliged them to act with good faith towards each other, in certain limited respects. Mr Russell departed the business pursuant to the terms of a settlement deed. Shortly after that deed was executed, the remaining parties entered into an attractive development project that Mr Russell claimed the other parties did not tell him about, or give him the opportunity to participate in. Mr Russell claimed he was wrongfully excluded by the dishonest actions of the other joint venturers. The claims alleged were: (a) breach of fiduciary duty; (b) breach of the express/implied terms of the joint venture agreement; (c) fraudulent non-disclosure; (d) unlawful means conspiracy. As a result of the terms of the settlement deed, Mr Russell needed to establish fraud or dishonesty to succeed.’
Littleton Chambers, 13th February 2020
Source: www.littletonchambers.com
‘The impact on rape victims of police seizures of their mobile phones is to be examined as the Metropolitan police begin piloting a data inspection system designed to limit invasion of privacy.’
The Guardian, 16th February 2020
Source: www.theguardian.com
‘Parties that try to use the disclosure pilot for litigation advantage will face “serious adverse costs consequences”, the Chancellor of the High Court has warned, urging judges to take action if they see it.’
Litigation Futures, 17th February 2020
Source: www.litigationfutures.com
‘The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.’
Local Government Lawyer, 14th February 2020
Source: www.localgovernmentlawyer.co.uk
‘Lawyers for Jeremy Bamber, who is serving a whole life sentence for murdering his family, have unearthed evidence that they say undermines the claim that it was “inconceivable” for his adoptive sister to have shot herself.’
The Guardian, 11th February 2020
Source: www.theguardian.com
‘Mr Jesudason was a consultant paediatric surgeon for the Trust. Between 2009 and 2014, he made a number of allegations to the Trust, several regulatory bodies and other third parties, including the media. These allegations related to serious failures and wrongdoing in the operation of his Department at the Trust. Following the termination of his employment, Mr Jesudason brought claims of whistleblowing. His claims were dismissed by the ET and the EAT. Giving the sole judgment in the Court of Appeal, Sir Patrick Elias dismissed Mr Jesudason’s appeal.’
Old Square Chambers, 4th February 2020
Source: www.oldsquare.co.uk
‘In a fixed costs RTA claim for credit hire, D alleged that C had failed to comply with an Unless Order to provide specific disclosure, and applied to strike out the claim.’
Hardwicke Chambers, 5th February 2020
Source: hardwicke.co.uk
‘The judgment of Tipples J serves as a sharp reminder to parties who seek permission to change experts that they will be expected to notify the other party of their intention in advance of the hearing. Failure to do so will impose on them a duty to make full and frank disclosure and to ensure that all material information, both as to the law and the facts, is placed before the court. It is necessary to remind the court of the general rule that a party who seeks to change experts will be permitted to do so only on condition it discloses all the written evidence obtained from the former expert. To displace this general rule, the court will need to be satisfied that there is no hint of expert shopping and no attempt to withhold relevant information. ‘
12 King's Bench Walk, 10th February 2020
Source: www.12kbw.co.uk
‘Non-disclosure agreements (NDAs) should not be used to prevent someone from reporting sexual harassment in the workplace, according to new guidance.’
BBC News, 10th February 2020
Source: www.bbc.co.uk
‘The Claimant (MCM) commenced the present proceedings on 21 December 2017. Its initial claim pleaded only deceit and unjust enrichment, and was brought only against the First and Second Defendants pursuant to an English jurisdiction and governing law clause.’
Hardwicke Chambers, 4th February 2020
Source: hardwicke.co.uk
‘The killer of Helen McCourt is due to be freed from prison next week despite never revealing where he hid her remains.’
The Guardian, 5th February 2020
Source: www.theguardian.com
‘Copying in your lawyer or having them at a meeting, does not necessarily mean that legal advice privilege will apply – in a law-changing judgment, the Court of Appeal has adopted the dominant purpose test in relation to Legal Advice Privilege.’
Henderson Chambers, 30th January 2020
Source: www.hendersonchambers.co.uk
‘The UK’s Civil Aviation Authority (CAA) could not claim legal advice privilege over email correspondence which was predominantly conducted for the purposes of seeking commercial views, rather than legal advice, the Court of Appeal has confirmed.’
OUT-LAW.com, 4th February 2020
Source: www.pinsentmasons.com
‘A man jailed over the murder of a 22-year-old woman is due to be freed from prison imminently despite never revealing where he hid her remains.’
BBC News, 4th February 2020
Source: www.bbc.co.uk
‘The Court of Appeal decision on 28 January 2020 on legal advice privilege will be of significant interest to litigators and non-litigators alike. It will be particularly important for those responsible for disclosure reviews within litigation, and to organisations with in-house lawyers. Such was the significance of the issues at play that the Law Society sought, and was granted, leave to intervene in the appeal.’
Littleton Chambers, 29th January 2020
Source: www.littletonchambers.com
‘A law firm which provided written confirmation to a financing bank that it had had received instructions from its client did not automatically bring legal advice privilege to an end, and so need not provide the bank with other documents relating to a dispute between the lender and the client, the Court of Appeal of England and Wales has ruled.’
OUT-LAW.com, 29th January 2020
Source: www.pinsentmasons.com
‘Legal advice privilege (LAP) only applies where documents were created with the “dominant purpose” of seeking or providing legal advice, appeal judges have ruled.’
Legal Futures, 29th January 2020
Source: www.legalfutures.co.uk
‘The last few years has seen a raft of higher court authority dealing with questions of the nature of the law of the various types of privilege when it comes to disclosure of documents. In the latest case, the Court of Appeal has held that confidentiality and privilege is not lost in respect of documents pertaining to client instructions simply because a solicitor makes a statement to a third party pursuant to those instructions.’
Hailsham Chambers, 23rd January 2020
Source: www.hailshamchambers.com
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