Refunds and Exchanges after (Forum) Shopping: Are You Allowed to Change Your Mind? – Hardwicke Chambers

Posted February 6th, 2020 in chambers articles, choice of forum, disclosure, jurisdiction, news by sally

‘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.’

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Hardwicke Chambers, 4th February 2020

Source: hardwicke.co.uk

Helen McCourt killer’s release confirmed as mother loses legal bid – The Guardian

Posted February 6th, 2020 in bereavement, bills, disclosure, families, murder, news, parole, victims by sally

‘The killer of Helen McCourt is due to be freed from prison next week despite never revealing where he hid her remains.’

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The Guardian, 5th February 2020

Source: www.theguardian.com

Court of Appeal adopts dominant purpose test – Henderson Chambers

‘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.’

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Henderson Chambers, 30th January 2020

Source: www.hendersonchambers.co.uk

Appeal court confirms ‘dominant purpose’ test for legal advice privilege – OUT-LAW.com

‘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.’

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OUT-LAW.com, 4th February 2020

Source: www.pinsentmasons.com

Helen McCourt murderer Ian Simms to be released imminently – BBC News

Posted February 5th, 2020 in bereavement, bills, disclosure, families, murder, news, parole by sally

‘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.’

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BBC News, 4th February 2020

Source: www.bbc.co.uk

Important New Court of Appeal Decision on Legal Advice Privilege – Littleton Chambers

Posted February 4th, 2020 in disclosure, electronic mail, legal services, news, privilege by sally

‘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.’

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Littleton Chambers, 29th January 2020

Source: www.littletonchambers.com

Disclosing client instructions did not end confidentiality – OUT-LAW.com

Posted January 30th, 2020 in confidentiality, disclosure, news, privilege, solicitors by sally

‘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.’

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OUT-LAW.com, 29th January 2020

Source: www.pinsentmasons.com

Legal advice must be “dominant purpose” for privilege to apply – Legal Futures

‘Legal advice privilege (LAP) only applies where documents were created with the “dominant purpose” of seeking or providing legal advice, appeal judges have ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Case Note: Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11 – Hailsham

Posted January 28th, 2020 in chambers articles, confidentiality, disclosure, news, privilege, solicitors by sally

‘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.’

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Hailsham Chambers, 23rd January 2020

Source: www.hailshamchambers.com

Courts “more willing” to rule on fundamental dishonesty – Litigation Futures

Posted January 22nd, 2020 in appeals, courts, deceit, disclosure, fraud, fundamental dishonesty, news, road traffic by sally

‘There are signs that courts are more willing to make findings of fundamental dishonesty when they reject claimants’ cases, a leading defendant firm has suggested.’

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Litigation Futures, 21st January 2020

Source: www.litigationfutures.com

Privileged Information and Settlement Agreements – Parklane Plowden Chambers

‘Do Defendants have a right to see unredacted settlement agreements which have privileged communications in them? The case of BGC Broker LP (above) addresses this.’

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Parklane Plowden Chambers, 17th January 2020

Source: www.parklaneplowden.co.uk

Gareth Price reviews the need for a detriment to take place within the “employment field”. – Parklane Plowden Chambers

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, news, unfair dismissal by sally

‘The Court of Appeal has considered an interesting argument regarding an employee who, ostensibly, made protected disclosures and allegedly suffered detriments as a result – but may not have done so within the ‘employment field’; Tiplady v. City of Bradford Metropolitan District Council [2019] EWCA Civ 2180.’

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Parklane Plowden Chambers, 14th January 2020

Source: www.parklaneplowden.co.uk

Ethical Veganism as a Protected Characteristic – St John’s Building

‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’

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St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com

Backlash against Sarah’s Law NDAs: Woman who discovered paedophile neighbour taken to court after being accused of telling neighbours – Daily Telegraph

‘Charities have sparked a backlash over the use of NDAs linked to “Sarah’s Law” after a woman who outed her paedophile neighbour was taken to court for revealing his crimes.’

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Daily Telegraph, 17th January 2020

Source: www.telegraph.co.uk

Children: Public Law Update – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.’

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Family Law Week, 9th January 2020

Source: www.familylawweek.co.uk

Helen McCourt’s family seek urgent judicial review to prevent release of killer who never revealed location of her body – Daily Telegraph

Posted January 10th, 2020 in bills, disclosure, families, judicial review, murder, news, parole, victims by sally

‘The family of Helen McCourt are seeking an urgent judicial review to prevent her killer being released from prison despite never revealing where he hid her body.’

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Daily Telegraph, 9th January 2020

Source: www.telegraph.co.uk

‘Helen’s Law’ returns to Parliament – Ministry of Justice

Posted January 9th, 2020 in bills, child abuse, disclosure, murder, parole, press releases, sexual offences, victims by sally

‘Murderers and paedophiles who refuse to disclose information about their victims could spend longer behind bars as a bill to enact “Helen’s Law” enters Parliament today (8 January 2020).’

Full press release

Ministry of Justice, 8th January 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

CPS ‘struggling to cope’ in disclosing evidence to defendants – report – The Guardian

Posted January 9th, 2020 in Crown Prosecution Service, disclosure, evidence, news, police, prosecutions, reports by sally

‘A shortage of prosecutors and experienced police officers has left investigators “struggling to cope” with obligations to disclose key evidence to defendants in criminal trials, according to a critical inspectorate report.’

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The Guardian, 9th January 2020

Source: www.theguardian.com

Ethical veganism is a protected belief, rules Employment Tribunal – UK Human Rights Blog

‘In what multiple commentators have hailed as a landmark legal case, Norwich Employment Tribunal found that the Claimant’s “ethical veganism” is a philosophical belief and therefore a protected characteristic for the purposes of section 10 of the Equality Act 2010 (“s.10”) following a preliminary hearing on 2nd and 3rd January 2020.’

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UK Human Rights Blog, 4th January 2020

Source: ukhumanrightsblog.com

Ethical veganism is philosophical belief, tribunal rules – BBC News

‘Ethical veganism is a “philosophical belief” and so is protected in law, a tribunal has ruled for the first time.’

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BBC News, 3rd January 2020

Source: www.bbc.co.uk