Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty – Local Government Lawyer

‘A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.’

Full Story

Local Government Lawyer, 30th October 2019

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal orders fresh hearing in dispute over refusal by council to disclose advice of independent person – Local Government Lawyer

Posted October 31st, 2019 in complaints, disclosure, freedom of information, local government, news, planning by sally

‘A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.’

Full Story

Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

When “maybe” isn’t good enough: orders for production of journalistic material – Panopticon

Posted October 30th, 2019 in disclosure, evidence, investigatory powers, media, news, police by sally

‘The efforts of the Beeb in the Divisional Court have clarified the conditions to be satisfied before a Court can require journalistic material be produced in criminal cases.’

Full Story

Panopticon, 29th October 2019

Source: panopticonblog.com

Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600, 2 October 2019 – Hailsham Chambers

Posted October 29th, 2019 in disclosure, news, privilege, solicitors, third parties by sally

‘Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 (2 October 2019) provides a ringing endorsement of the rule ‘once privileged, always privileged’. The Court of Appeal held that the defendant solicitors had a duty to uphold the privilege of a former client even though the former client was a company which had been dissolved. The court also held that the solicitors had acted properly in appearing by counsel to argue that the privilege should be upheld, even though the privilege was not the solicitors’ own privilege, and they did not have instructions from the former client. William Flenley QC, leading Adam Kramer, appeared for the successful solicitors.’

Full Story

Hailsham Chambers, 7th October 2019

Source: www.hailshamchambers.com

In-house lawyer cannot rely on leaked email for discrimination claim – Legal Futures

‘A former senior in-house lawyer at Shell cannot rely on a leaked internal email or an overheard pub conversation in his discrimination claim against the company, the Court of Appeal has ruled.’

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Legal Futures, 23rd October 2019

Source: www.legalfutures.co.uk

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.’

Full Story

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.’

Full Story

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.’

Full Story

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 sally

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

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 sally

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

Full Story

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 sally

‘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 sally

‘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.’

Full Story

Legal Futures, 30th August 2019

Source: www.legalfutures.co.uk