Sex offender’s hard drive in police commissioner’s safe for 14 years – BBC News
‘Indecent images of children could not be used as evidence because they were in a police commissioner’s safe.’
BBC News, 12th March 2020
Source: www.bbc.co.uk
Category: disclosure
High Court to rule on access to full adoption file – Law Society’s Gazette
‘The High Court has been asked to make an unprecedented order to allow a journalist to see all court papers in a flawed adoption case. The application comes as the family justice system faces heightened pressure to be more transparent.’
Law Society's Gazette, 9th March 2020
Source: www.lawgazette.co.uk
Disclosure can apply to subsidiaries under pilot, says court – OUT-LAW.com
‘Disclosure of documents held by a subsidiary company of a party to litigation may be ordered in certain circumstances under the terms of the pilot disclosure scheme currently running in the Business and Property Courts (BPC) of England and Wales, a judge has ruled.’
OUT-LAW.com, 5th March 2020
Source: www.pinsentmasons.com
Law firm “under no duty” to disclose counsel’s advice to funder – Litigation Futures
‘The High Court has struck out claims brought against a City law firm that a litigation funder said did not pass on the “pessimistic views” expressed by counsel about a case it was backing.’
Litigation Futures, 5th March 2020
Source: www.litigationfutures.com
Judge attacks S&G for “wholly unacceptable” failure – Legal Futures
A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.
Legal Futures, 4th March 2020
Source: www.legalfutures.co.uk
DWP criticised for ‘incredible secrecy’ over deaths of benefit claimants – The Guardian
‘The head of an influential cross-party committee of MPs has criticised the “incredible secrecy” surrounding the government’s handling of the deaths of vulnerable benefit claimants following the case of Errol Graham, a severely ill man who died of starvation after his benefits were cut off.’
The Guardian, 1st March 2020
Source: www.theguardian.com
Harry Dunn lawyers call for High Court to publish US secret immunity papers – The Guardian
‘Lawyers acting for a teenager who died after a collision with a car allegedly driven by an American woman want the High Court to publish a secret document protecting her from prosecution.’
The Guardian, 1st March 2020
Source: www.theguardian.com
Patents – Conversant Wireless Licensing v Huawei Technologies Co. Ltd and Others – NIPC Law
‘This was an application by the claimant, Conversant Wireless Licensing SARL for disclosure of the licence agreements and assignments relating to 3G and 4G patents that had been entered by the defendants, Huawei Technologies Co Ltd., ZTE (UK) Limited and their British subsidiaries. Substantially the same application had been made to His Honour Judge Hacon at the case management conference in the action which took place in July 2019. The later application was heard by Mr Justice Birss who delivered judgment in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) on 10 Feb 2020. The reference to the CMC in the transcript of Mr Justice Birss’s judgment is [2009] EWHC 1982 (Pat) but I think that must be a misprint for [2019].’
NIPC Law, 22nd February 2020
Source: nipclaw.blogspot.com
No special rules allowing regulators to override LPP – Legal Futures
‘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
Audit firms face review by watchdog over climate risk exposure – The Guardian
‘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
Fraudulent Non-Disclosure Claim in Property Joint Venture Case Fails – Littleton Chambers
‘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
Impact on rape victims of police phone seizures to be reviewed – The Guardian
‘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
Vos issues warning to parties who abuse disclosure pilot – Litigation Futures
‘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
Employees and child protection issues – Local Government Lawyer
‘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
Jeremy Bamber lawyers say new evidence undermines conviction – The Guardian
‘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
COA Considers Causation & the Reach of s.43G in Jesudason v Alder Hey Childrens NHS Foundation Trust – Old Square Chambers
‘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
Disapplying fixed costs because of unreasonable behaviour – Hardwicke Chambers
‘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
Paying the price for expert shopping: Burke v Imperial Healthcare [2019] EWHC 3719 (QB) – 12 King’s Bench Walk
‘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
NDAs ‘should not silence sexual harassment claims’ – BBC News
‘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
