Criminals may escape conviction due to lack of resources for forensics, says Lord Chief Justice – Daily Telegraph

‘Criminals may be escaping conviction because of a lack of resources for forensic investigations, the Lord Chief Justice warned yesterday.’

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Daily Telegraph, 20th November 2018

Source: www.telegraph.co.uk

SRA seeks protection over transgender disclosures – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pushing for protection for staff from criminal sanctions for disclosing information relating to transgender solicitors and other law firm staff.’

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Legal Futures, 20th November 2018

Source: www.legalfutures.co.uk

Creating a ‘zero tolerance’ culture for disclosure failings across the criminal justice system – Attorney General’s Office

Posted November 15th, 2018 in attorney general, criminal justice, disclosure, news by sally

‘The Attorney General, Geoffrey Cox QC MP, has today published the Government’s Review of the efficiency and effectiveness of disclosure in the criminal justice system.’

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Attorney General’s Office, 15th November 2018

Source: www.gov.uk/ago

Supreme Court deals blow to second medical use patents – Law Society’s Gazette

‘The Supreme Court today dismissed an appeal by pharmaceutical company Pfizer, in a case that should provide clarity on patent law surrounding claims for new medical uses for a protected drug. In judgment handed down this morning the court allowed an appeal by generic drug makers Actavis and Mylan. The decision means Pfizer’s patent covering a second medical use for its product is invalid.’

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Law Society's Gazette, 14th November 2018

Source: www.lawgazette.co.uk

The challenges facing England’s new prosecution chief – BBC News

Posted November 14th, 2018 in budgets, Crown Prosecution Service, disclosure, evidence, news, prosecutions by sally

‘Max Hill QC takes up his role as head of the Crown Prosecution Service (CPS), the chief agency for conducting criminal prosecutions in England and Wales, at a hugely challenging time.’

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BBC News, 13th November 2018

Source: www.bbc.co.uk

Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures

‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’

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Litigation Futures, 13th November 2018

Source: www.litigationfutures.com

Legal Challenge Protects Our Confidential NHS Data Being Shared with Home Office – Rights Info

‘NHS Digital has confirmed its withdrawal from an agreement to give the Home Office access to confidential data for immigration enforcement, following a legal challenge by campaigners.’

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Rights Info, 12th November 2018

Source: rightsinfo.org

Give victims right to challenge police and parole decisions, say MPs and Lords – Daily Telegraph

Posted November 13th, 2018 in compensation, consultations, criminal justice, disclosure, news, parole, police, victims by sally

‘Crime victims must get new legal rights to challenge parole and police decisions, a new all party group of MPs and Lords will demand today (Tues).’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian

‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Victims of gagging clauses to get a voice as Parliament launches inquiry in wake of Sir Philip Green scandal – Daily Telegraph

‘Victims forced to sign gagging clauses could be given a voice as Parliament today launches a new inquiry into the use of non-disclosure agreements following the scandal surrounding Sir Philip Green.’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

Information Commissioner called to investigate ‘antiquated and wrong’ demands for rape victims’ records – The Independent

‘Campaigners are demanding a full investigation into “antiquated and wrong” demands for access to rape victims’ mobile phone data and personal records. The Information Commissioner’s Office (ICO) is considering widening an existing probe into the use of claimants’ information, amid claims that prosecutors are making increasingly intrusive demands.’

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The Independent, 11th November 2018

Source: www.independent.co.uk

Privilege ruling releases two documents and destroys one – Litigation Futures

Posted November 9th, 2018 in disclosure, documents, electronic mail, intellectual property, news, privilege by sally

‘A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.’

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Litigation Futures, 8th November 2018

Source: www.litigationfutures.com

Council wins appeal over disclosure order that would have meant it breached law – Local Government Lawyer

Posted November 8th, 2018 in disclosure, documents, employment tribunals, local government, news by sally

‘A borough council has won an appeal after an Employment Tribunal ordered disclosure which would, if given, have resulted in the local authority breaching the law.’

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Local Government Lawyer, 7th November 2018

Source: www.localgovernmentlawyer.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Christopher Badger and Mark Davies consider the environmental implications of yesterday’s Budget, a consultation between the FCA and the PRA on climate change and finance, and a recent case holding that an EIR request was “manifestly unreasonable”.’

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Six Pump Court, 30th October 2018

Source: www.6pumpcourt.co.uk

Schedule 36 Finance Act 2008: Information Notices – 11 KBW

Posted November 2nd, 2018 in disclosure, documents, news, taxation, tribunals by sally

‘HMRC’s civil information powers are set out in Schedule 36 to Finance Act 2008. Part 1 of that schedule sets out HMRC’s powers to obtain information and documentation by way of written notices (often referred to as ‘information notices’). Given HMRC has in recent years made increasing use of the information notice powers, and given HMRC is currently consulting on extending the information notice powers (see Amending HMRC’s Civil Information Powers, 10 July 2018), now seems an opportune time to recap on the extent of those powers and the scope for challenging information notices.’

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11 KBW, 22nd October 2018

Source: www.11kbw.com

Litigation trends: The Brexit zeitgeist – New Law Journal

‘The ongoing uncertainty around the post-Brexit landscape, a vital appeal decision over legal professional privilege and disclosure reforms have been dominating the headlines for litigators.’

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New Law Journal, 1st November 2018

Source: www.newlawjournal.co.uk

Robert Craig: The Peter Hain Case: The Effect of Article IX – UK Constitutional Law Association

‘Peter Hain’s decision to breach an interim injunction granted by the Court of Appeal in the case of ABC v Telegraph Media Group has caused serious concern. It is one of the cardinal rules in Parliament that members should not interfere in ongoing legal proceedings and Hain did not wait until the end of the proceedings before breaching this injunction, even though the case had been scheduled for an early full hearing. He does not appear even to have read the court judgment he saw fit to overrule, effectively.’

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UK Constitutional Law Association, 31st October 2018

Source: ukconstitutionallaw.org

Barristers becoming as vulnerable to cyber-attacks as solicitors – Legal Futures

‘Increased use of technology at the Bar and in the court system has left barristers as vulnerable to cyber-attacks as solicitors, the Bar Standards Board (BSB) has warned.’

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Legal Futures, 1st November 2018

Source: www.legalfutures.co.uk

Philip Green and non-disclosure agreements: do we have a right to know? – UK Human Rights Blog

‘The circumstances in which a court should prevent the press from reporting information about famous people has long provoked debate. The decision of the Court of Appeal in ABC & Ors v Telegraph Media Group Ltd [2018] EWCA Civ 2329 is no exception, attracting extensive press coverage and comment from the #MeToo movement.’

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UK Human Rights Blog, 30th October 2018

Source: ukhumanrightsblog.com

Part 36 offer not a “trump card” to thwart court orders – Litigation Futures

‘A part 36 offer is not “some form of trump card” which overrides previous court orders, a High Court judge has made clear.’

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Litigation Futures, 30th October 2018

Source: www.litigationfutures.com