‘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”).’
Hardwicke Chambers, 9th August 2019
Source: hardwicke.co.uk
‘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’).’
No. 5 Chambers, 1st August 2019
Source: www.no5.com
‘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.’
Hardwicke Chambers, 28th August 2019
Source: hardwicke.co.uk
‘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.’
Family Law week, 28th August 2019
Source: www.familylawweek.co.uk
‘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.’
4 KBW, 6th August 2019
Source: www.4kbw.net
‘A man has been cleared of a criminal offence over a video that showed a model of a building marked “Grenfell Tower” being burned, while a group of friends laughed and joked.’
The Guardian, 22nd August 2019
Source: www.theguardian.com
‘A former manager at a care home where a young woman died is due to be sentenced later this month for failing to attend and disclose evidence to an inquest.’
Local Government Lawyer, 21st August 2019
Source: www.localgovernmentlawyer.co.uk
‘The refusal by police forces to disclose whether they are exploiting covert surveillance technology to track mobile phones is to be challenged at a tribunal next week.’
The Guardian, 20th August 2019
Source: www.theguardian.com
‘A group of politicians has recommended an extensive overhaul of whistleblowing legislation, including the creation of a legal definition for the term “whistleblower”.’
OUT-LAW.com, 6th August 2019
Source: www.pinsentmasons.com
‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’
UK Human Rights Blog, 7th August 2019
Source: ukhumanrightsblog.com
‘Former Love Island contestant Olivia Buckland has had an Instagram post promoting fake tan banned after failing to identify it as an advertisement.’
The Independent, 7th August 2019
Source: www.independent.co.uk
‘Scotland Yard has finally agreed to publish the damning report into its disastrous handling of the VIP paedophile investigation.’
Daily Telegraph, 6th August 2019
Source: www.telegraph.co.uk
‘The First-tier Tribunal (FTT) wrongly took into account a “without prejudice” offer when deciding on the costs of a case when there was no reason to believe that it was “save as to costs”, the Upper Tribunal has ruled.’
Litigation Futures, 5th August 2019
Source: www.litigationfutures.com
‘The Court of Appeal has held in Re M (Children) (Disclosure to the Police) [2019] EWCA Civ 1364, that the Re C test for disclosure of material from care proceedings to the police remains good law after 23 years, and in the light of the Human Rights Act 1996, but with the qualification that disclosure must be necessary and proportionate.’
UK Police Law Blog, 31st July 2019
Source: ukpolicelawblog.com
‘The Commercial Court has criticised the lack of co-operation between the solicitors on either side of a dispute, describing their correspondence as “a dialogue of the deaf”.’
Litigation Futures, 31st July 2019
Source: www.litigationfutures.com
‘Non-parties to litigation should generally have access to all written submissions and documents which have been placed before the court and referred to during the hearing, the Supreme Court has ruled.’
Litigation Futures, 29th July 2019
Source: www.litigationfutures.com
‘The Solicitors Regulation Authority (SRA) has spelled out the importance of unregulated firms that employ solicitors under its new rules ensuring that clients understand the limitations of the arrangement.’
Legal Futures, 30th July 2019
Source: www.legalfutures.co.uk
‘Theft and rape are among ten offences where the chances of cases being solved has fallen to below one in 50 or two per cent, the lowest rates on record, an analysis of new Home Office figures reveals.’
Daily Telegraph, 27th July 2019
Source: www.telegraph.co.uk
‘The government has pledged to change the law to ensure that employees signing non-disclosure agreements (NDAs) receive independent legal advice.’
Legal Futures, 22nd July 2019
Source: www.legalfutures.co.uk
‘Ex-offenders striving to turn their lives around through work will be backed by new legislation changing what they must disclose to employers.’
Ministry of Justice, 15th July 2019
Source: www.gov.uk/government/organisations/ministry-of-justice
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