Arbitration Bill aims to retain pre-eminence of England and Wales – Legal Futures

Posted November 23rd, 2023 in arbitration, bills, disclosure, news, statutory duty by sally

‘The Ministry of Justice (MoJ) yesterday published the Arbitration Bill, including a new statutory duty on arbitrators to disclose anything which might give rise to “justifiable doubts” about their impartiality.’

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Legal Futures, 23rd November 2023

Source: www.legalfutures.co.uk

Nicola Bulley review: Key report findings at a glance – BBC News

Posted November 22nd, 2023 in disclosure, media, missing persons, news, police, reports by sally

‘An independent review of Lancashire Police’s handling of Nicola Bulley’s disappearance has been published.’

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BBC News, 21st November 2023

Source: www.bbc.co.uk

High Court criticises firm for private prosecution disclosure failure – Legal Futures

Posted November 21st, 2023 in disclosure, fraud, law firms, news, private prosecutions by sally

‘The High Court has criticised a leading private prosecutions law firm for the information it provided to persuade a judge to issue summonses alleging fraud against three people.’

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Legal Futures, 21st November 2023

Source: www.legalfutures.co.uk

BNE [2023]: Disclosure and the use of child decoy profiles in sexual communication cases – Park Square Barristers

‘The Appellant was charged with attempted sexual communication with a child (count 1) and attempting to incite a child to engage in sexual activity (count 2) after communicating with a decoy profile (‘X’).’

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Park Square Barristers, 31st October 2023

Source: www.parksquarebarristers.co.uk

Supreme Court dismisses commercial lender’s appeal over PPI claim – Law Society’s Gazette

Posted November 17th, 2023 in appeals, disclosure, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has ruled that a claim over the misselling of a payment protection insurance policy was not time-barred as the commercial lender failed to disclose that it was charging a “substantial commission” on the policy.’

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Law Society's Gazette, 16th November 2023

Source: www.lawgazette.co.uk

Justice accuses Government of seeking to establish blanket anonymity for “junior” civil servants – Local Government Lawyer

‘Law reform charity Justice has intervened on what it called a “principle of open justice”, to allege the Government wanted blanket anonymity for civil servants deemed ‘junior’ in documents disclosed in judicial review proceedings.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Whistleblowing and gagging clauses – House of Commons Library

Posted November 14th, 2023 in contract of employment, disclosure, employment, news, parliament, whistleblowers by sally

‘This briefing covers legal protections for workers who whistleblow at work, as well as attempts to silence workers using settlement agreements.’

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House of Commons Library, 13th November 2023

Source: commonslibrary.parliament.uk

Wiltshire Police criticised over Clare’s Law failings – BBC News

Posted November 7th, 2023 in disclosure, domestic violence, news, pilot schemes, police, statistics, victims by sally

‘Former Justice Secretary Sir Robert Buckland said he was “horrified and furious” over failings in a system designed to protect possible victims of domestic violence.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

‘Designed to distress and deter’: the impact of Slapp lawsuits on journalists and free speech – The Guardian

Posted November 6th, 2023 in defamation, disclosure, freedom of expression, human rights, media, news, Russia by tracey

‘Individuals and campaigners tell of damage done by powerful people using the courts to try to shut down investigative reporting.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

Court rejects ‘fishing expedition’ for firm’s call recording – Law Society’s Gazette

Posted November 6th, 2023 in costs, disclosure, fees, law firms, news, solicitors, telecommunications by tracey

‘A costs judge has refused a former client’s plea for a recording of the call where they signed up to instruct a law firm. In Turner v Coupland Cavendish, Costs Judge Rowley said the call recording remained the solicitors’ property rather than the client’s and did not need to be disclosed.’

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Law Society's Gazette, 6th November 2023

Source: www.lawgazette.co.uk

IBA 2023: Bar chair floats ‘ingenious’ plan to curb SLAPPs – Law Society’s Gazette

Posted November 3rd, 2023 in barristers, damages, disclosure, freedom of expression, injunctions, news by tracey

‘The chair of the Bar Council today proposed what eminent media lawyer Mark Stephens CBE hailed as an “ingenious” new deterrent to strategic litigation against public participation (SLAPPs).’

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Law Society's Gazette, 2nd November 2023

Source: www.lawgazette.co.uk

Barrier to employment lifted for thousands of ex-offenders – Ministry of Justice

‘Over 120,000 former offenders will find it easier to get work and turn their lives away from crime following a change in the law.’

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Ministry of Justice, 30th October 2023

Source: www.gov.uk

Wiltshire police to review thousands of checks on suspected violent partners – The Guardian

Posted October 27th, 2023 in disclosure, domestic violence, news, ombudsmen, police, statistics by sally

‘A police force is reviewing thousands of applications made under Clare’s law, which gives people the right to ask whether a partner has a violent past, after it came to light that wrong or incomplete information has been given.’

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The Guardian, 26th October 2023

Source: www.theguardian.com

Nigeria wins arbitration award fight against P&ID as judgment referred to regulators over lawyers’ conduct – Law Society’s Gazette

‘A High Court judgment naming lawyers involved in an arbitration award under which Nigeria was ordered to pay a sum equal to its entire federal budget is to be sent to legal regulators, a judge ordered today.’

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Law Society's Gazette, 23rd October 2023

Source: www.lawgazette.co.uk

Tom Hickman KC: Candour Inside-Out: Disclosure in Judicial Review – UK Constitutional Law Association

‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’

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UK Constitutional Law Association, 16th October 2023

Source: ukconstitutionallaw.org

When Icarus didn’t fly (again) – a tale of disclosure disaster – Drystone Chambers

Posted October 19th, 2023 in chambers articles, conspiracy, disclosure, fraud, local government, news by sally

‘One local authority learned last week of the dangers inherent in disclosure failures. Five members of Drystone Chambers successfully defended, four as leading juniors.’

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Drystone Chambers, 12th September 2023

Source: www.drystone.com

Tom Hickman KC: Candour Inside-Out: Disclosure in Judicial Review – UK Constitutional Law Association

‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’

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UK Constitutional Law Association, 16th October 2023

Source: ukconstitutionallaw.org

UK Mandatory Disclosure Rules (MDR) for cross-border tax avoidance arrangements – OUT-LAW.com

Posted October 16th, 2023 in brexit, disclosure, HM Revenue & Customs, news, tax avoidance, taxation, time limits by tracey

‘New UK rules requiring disclosure of cross-border tax avoidance arrangements have been introduced to replace DAC6, the EU’s mandatory disclosure regime. Under the new Mandatory Disclosure Rules (MDR), disclosure has been extended to include arrangements wholly outside the UK/EU.’

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OUT-LAW.com, 13th October 2023

Source: www.pinsentmasons.com

Independent Review of Disclosure and Fraud Offences launched – Home Office

Posted October 13th, 2023 in criminal justice, disclosure, fraud, government departments, news by tracey

‘An independent review into disclosure and fraud, led by Jonathan Fisher KC, has launched to make it quicker and easier to bring criminals to justice.’

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Home Office, 12th October 2023

Source: www.gov.uk

Law firm data breach “highlights risks to domestic violence victims” – Legal Futures

‘A family law firm that disclosed personal data about a woman and children to her rapist ex-partner has been highlighted in a warning over how data breaches are putting domestic abuse victims’ lives at risk.’

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Legal Futures, 28th September 2023

Source: www.legalfutures.co.uk