New rules to protect sex assault victims’ privacy – BBC News

‘Victims of sexual offences have been promised less invasion into their private lives under changes to how evidence is gathered for trials.’

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BBC News, 26th May 2022

Source: www.bbc.co.uk

Legal professional privilege in the UK – OUT-LAW.com

‘If a document is privileged, the basic position is it can be withheld from third parties.’

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OUT-LAW.com, 13th May 2022

Source: www.pinsentmasons.com

Identity of person instructing solicitors not covered by privilege – Legal Futures

‘The High Court has rejected a company’s claim to litigation privilege over the identity of who instructed its lawyers.’

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Legal Futures, 16th May 2022

Source: www.legalfutures.co.uk

Appeal court deprecates “act of deliberate concealment” by party – Legal Futures

Posted May 11th, 2022 in appeals, civil justice, disclosure, intellectual property, news, trade marks by sally

‘Civil litigation should be conducted “with cards on the table – face up” and the courts should not “sanction an act of deliberate concealment” by one of the parties, appeal judges have ruled.’

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Legal Futures, 10th May 2022

Source: www.legalfutures.co.uk

Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

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Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk

Actor Ricky Tomlinson opposing bid to have ‘hacking’ claim thrown out of court – The Independent

‘Actor Ricky Tomlinson has described an attempt by a newspaper publisher to have his claim against it over unlawful information gathering thrown out of court as “outrageous and disgusting”.’

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The Independent, 28th April 2022

Source: www.independent.co.uk

Barrister with council tax conviction fails in disbarment appeal – Legal Futures

Posted April 19th, 2022 in appeals, barristers, council tax, disciplinary procedures, disclosure, fraud, news by sally

‘The High Court has rejected an appeal from a barrister disbarred after a council tax conviction and submission of dishonest evidence to a Crown Court.’

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Legal Futures, 19th April 2022

Source: www.legalfutures.co.uk

BBC blocked from naming alleged MI5 informant accused of abusing women – The Guardian

‘The BBC has been banned from identifying a “dangerous extremist and misogynist” who is allegedly an MI5 informant, after a high court judge granted an injunction.’

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The Guardian, 7th April 2022

Source: www.theguardian.com

Article by Jonathan Lewis – Non-party disclosure orders in judicial review proceedings (R (AB) v Secretary of State for Health and Social Care) – Henderson Chambers

‘Two children sought permission to judicially review various decisions made by the Secretary of State for Health and Social Care relating to provision of coronavirus (COVID-19) vaccines to children. To pursue their claim, they sought disclosure of various statistics from the Office for National Statistics (the ONS). As the ONS was not a party to proceedings, they made an application under CPR 31.17 for disclosure. Mr Justice Swift dismissed that application on the basis that the information sought was not necessary for the fair determination of the questions of law raised by the pleaded case.’

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Henderson Chambers, 31st March 2022

Source: www.hendersonchambers.co.uk

Who Needs to Know? – Devereux Chambers

Posted April 6th, 2022 in chambers articles, disclosure, news by sally

‘When a judge is asked to award an interim payment, should they be told about negotiations to settle? In an article for PI Focus, Rob Hunter and Bethany Sanders of Leigh Day examine what led to the different outcomes in Fryer v London Transport Executive [1982] 11 WLUK 247 Times, December 4, 1982 [1982] C.L.Y and Handyside v Lowery (Newcastle upon Tyne District Registry, 2 April 2015, unreported), and consider whether there are grounds for treating different types of offers differently.’

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Devereux Chambers, 30th March 2022

Source: www.devereuxchambers.co.uk

Guardian wins legal challenge over access to employment tribunal papers – The Guardian

‘Journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, it has been ruled, after a successful legal challenge by the Guardian.’

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The Guardian, 22nd March 2022

Source: www.theguardian.com

Judge to rule in police bid for Birmingham bombing journalist material – The Independent

Posted March 22nd, 2022 in disclosure, media, miscarriage of justice, news, police, terrorism by tracey

‘A judge is expected to deliver his ruling in the case of a journalist who investigated the 1974 Birmingham pub bombings and resisted a police bid to force him to reveal his sources.’

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The Independent, 22nd March 2022

Source: www.independent.co.uk

NHS pair accused of bribery cleared after trial collapses – Daily Telegraph

Posted March 9th, 2022 in bribery, disclosure, doctors, hospitals, medicines, news by sally

‘Senior NHS officials accused of accepting £70,000 in bribes have been acquitted after their trial collapsed.’

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Daily Telegraph, 9th March 2022

Source: www.telegraph.co.uk

New rules to tackle offshore crypto crime – Law Society’s Gazette

‘New rules to help the courts trace cryptoassets overseas are being drawn up to deal with the increasing volume of litigation in this area, the master of the rolls revealed yesterday. “In the world of crypto fraud, there are no national barriers and unlawfully obtained cryptoassets can be difficult to trace,” Sir Geoffrey Vos told an audience of lawtech specialists in London.’

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Law Society's Gazette, 25th February 2022

Source: www.lawgazette.co.uk

Disclosure of Protected Evidence Denied in Inquest following Shoreham airshow disaster – Inquests and Inquiries Law Blog

Posted March 1st, 2022 in aircraft, coroners, disclosure, evidence, inquests, news by sally

‘In this blog Cressida Mawdesley-Thomas considers the decision of the High Court in HM Senior Coroner for West Sussex v Chief Constable of Sussex Police & Ors [2022] EWHC.’

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Inquests and Inquiries Law Blog, 24th February 2022

Source: inquestsandinquirieslawblog.com

Litigation Costs – is the sky really the limit? – Mills & Reeve

Posted February 24th, 2022 in building law, case management, contracts, costs, disclosure, news by sally

‘The recent case of The Sky’s the Limit Transformation Ltd v Dr Mohammed Mirza [2022] outlines a judge’s view as to a way forward in resolving domestic building disputes in a time and cost effective manner.’

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Mills & Reeve, 23rd February 2022

Source: www.mills-reeve.com

This is not my beautiful house – Nearly Legal

Posted February 15th, 2022 in disclosure, injunctions, landlord & tenant, news, repossession, trespass by tracey

‘Rasool v Paddington Company One Ltd (2021) EWHC 3633 (QB). A combined hearing of a return date on an ex parte interim injunction for re-entry, and a claim for possession by the property owner against a trespasser. A somewhat unusual combination, you might think, though not outside the bounds of possibility. But bear with me, because this will turn out to be quite the ride.’

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Nearly Legal, 13th February 2022

Source: nearlylegal.co.uk

Raising a criminal case in the civil courts – St John’s Chambers

‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’

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St John's Chambers, 1st February 2022

Source: www.stjohnschambers.co.uk

Senior Met officers sacked for gross misconduct – BBC News

‘Two senior Metropolitan Police officers have been sacked for gross misconduct.’

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BBC News, 16th January 2022

Source: www.bbc.co.uk

Ofsted withdraws ‘intrusive’ guidance for childminders to disclose depression – The Independent

Posted January 14th, 2022 in bereavement, children, disclosure, mental health, news, ombudsmen by tracey

‘Ofsted has withdrawn guidance suggesting childminders should notify the watchdog if they have depression or have been bereaved following criticism that the requirement would be “intrusive”.’

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The Independent, 13th January 2022

Source: www.independent.co.uk