Whistleblowing judges: protected by human rights? – UK Human Rights Blog

‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’

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UK Human Rights Blog, 18th October 2019

Source: ukhumanrightsblog.com

Redacting solicitor’s comments to client was “cherry picking” – Litigation Futures

Posted October 16th, 2019 in disclosure, employment tribunals, news, pregnancy, privilege, unfair dismissal by sally

‘Redacting comments made by a company’s lawyer on a draft dismissal letter while disclosing other privileged documents was “impermissible cherry picking”, the Employment Appeal Tribunal (EAT) has ruled.’

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Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

#MeToo and the justice system: complaints up, but convictions down – The Guardian

‘The clearest impact of the #MeToo movement on the British justice system has been a sharp rise in the number of complaints made to police of rape and sexual assault over the past two years.’

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The Guardian, 15th October 2019

Source: www.theguardian.com

Legal advice privilege “survives” company’s dissolution – Legal Futures

‘Legal advice privilege (LAP) attaching to communications between a company and its lawyers survives the dissolution of the company, even if the Crown has disclaimed all interest in its former property, the Court of Appeal has ruled.’

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Legal Futures, 7th October 2019

Source: www.legalfutures.co.uk

FCA announces ‘illiquid’ fund category, among other new rules – OUT-LAW.com

Posted October 3rd, 2019 in disclosure, financial regulation, financial services ombudsman, news by tracey

‘Certain open-ended retail funds that invest primarily in ‘illiquid’ assets, such as property, will be subject to new rules from next year, the Financial Conduct Authority (FCA) has announced.’

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OUT-LAW.com, 1st October 2019

Source: www.pinsentmasons.com

High Court denies anonymity to ex-client suing firm – Litigation Futures

‘A former client suing Leeds law firm Shulmans for £4m has lost his bid to do so anonymously.’

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Litigation Futures, 30th September 2019

Source: www.litigationfutures.com

Open justice ‘victory’ revisited – Family Law

‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’

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Family Law, 19th September 2019

Source: www.familylaw.co.uk

CA quashes paralegal’s “unfair” contempt sentence – Legal Futures

‘It was “manifestly unfair” for a circuit judge to issue a paralegal with a suspended six-month prison sentence for inadvertently breaching the Family Procedure Rules, the Court of Appeal has ruled.’

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Legal Futures, 17th September 2019

Source: www.legalfutures.co.uk

Julian Assange to stay in prison over absconding fears – BBC News

‘Wikileaks co-founder Julian Assange is to remain in prison when his jail term ends because of his “history of absconding”, a judge has ruled’

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BBC News, 13th September 2019

Source: www.bbc.co.uk

Non-disclosing husband fails in challenge to Court of Appeal – Family Law

Posted September 12th, 2019 in disclosure, divorce, financial provision, Judaism, news, periodical payments by tracey

‘A husband who failed to disclose all of his assets has failed in his appeal to set aside an order.’

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Family Law, 10th September 2019

Source: www.familylaw.co.uk

HMRC faces legal fight for handing Britons’ data to US tax officials – The Guardian

‘HMRC is facing a legal battle to block it from handing personal details about British citizens to US tax authorities. The case could have wide-ranging implications for tens of thousands of so-called accidental Americans who left the US when they were months or years old but risk having their British bank accounts frozen for failing to comply with the US tax requirements.’

Full Story

The Guardian, 12th September 2019

Source: www.theguardian.com

Shamima Begum: journalists will not have to hand over notes – The Guardian

Posted September 5th, 2019 in citizenship, confidentiality, disclosure, media, news, police, terrorism by tracey

‘Journalists who interviewed Shamima Begum will not be forced to hand over their notes to counter-terrorism investigators, as police look to build a potential prosecution of the young “Isis bride”.’

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The Guardian, 4th September 2019

Source: www.theguardian.com

BSB introduces new rules to remove restrictions on reporting barristers’ sexual orientation, religion and belief data – Bar Standards Board

Posted September 4th, 2019 in barristers, disclosure, diversity, equality, press releases, statistics by tracey

‘The Bar Standards Board (BSB) has today published new rules that remove restrictions on the reporting by the profession of sexual orientation, religion and belief data.’

Full press release

Bar Standards Board, 2nd September 2019

Source: www.barstandardsboard.org.uk

NDA advice “must be about more than just the law” – Legal Futures

‘Any solicitor who thinks it is only the law that restricts advice on non-disclosure agreements (NDAs), ignoring the wider public interest, is “heading for trouble”, experts have warned.’

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Legal Futures, 3rd September 2019

Source: www.legalfutures.co.uk

Solicitor sanctioned for “puerile” social media posts on clients – Legal Futures

‘A solicitor who repeatedly made “inappropriate and puerile comments” on social media about his clients’ matters, and revealed confidential information, has been rebuked for his conduct.’

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Legal Futures, 30th August 2019

Source: www.legalfutures.co.uk

The duty of full and frank disclosure in worldwide freezing orders and service out applications (Tugushev v Orlov (No. 2)) – Hardwicke Chambers

‘The most recent episode in litigation between two Russian Oligarch involving an application to set aside a World-wide Freezing Order (“WFO”) and permission for service out of jurisdiction (“Service Out Order”) for failures in the duty of full and frank disclosure (“the Full and Frank Duty”).’

Full Story

Hardwicke Chambers, 9th August 2019

Source: hardwicke.co.uk

High Court allows cross examination of Defendant on a worldwide freezing order concerning asset disclosure – No. 5 Chambers

Posted August 29th, 2019 in cross-examination, disclosure, freezing injunctions, news by sally

‘On 27 June 2019 in the English High Court in Kazakhstan Kagazy Plc & 5 Others v Baglan Abdullayevich Zhunus & Others [2019] EWHC 1693 (Comm) 2019 WL 02746548; the High Court re-examined the principles on which a Defendant can be cross-examined on their assets where there had been a disclosure order pursuant to a worldwide freezing order (‘WFO’).’

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No. 5 Chambers, 1st August 2019

Source: www.no5.com

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – Hardwicke Chambers

‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Moher v Moher: Non-disclosure leads to closure – Family Law week

Posted August 29th, 2019 in disclosure, divorce, financial provision, Judaism, marriage, news by tracey

‘Alexandra Goldrein, a solicitor with Irwin Mitchell, considers a recent Court of Appeal judgment concerning non-disclosure and the award of spousal maintenance to a wife pending the husband’s grant of a Jewish divorce.’

Full Story

Family Law week, 28th August 2019

Source: www.familylawweek.co.uk

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

Full Story

4 KBW, 6th August 2019

Source: www.4kbw.net