‘The Upper Tribunal has provided guidance on social media evidence in age assessment cases. Donnchadh Greene examines its ruling.’
Local Government Lawyer, 4th November 2022
Source: www.localgovernmentlawyer.co.uk
‘The Solicitors Regulation Authority (SRA) is going to have to wait until the end of the Post Office inquiry before it can take formal disciplinary action against any lawyers involved in the scandal, it has revealed.’
Legal Futures, 24th October 2022
Source: www.legalfutures.co.uk
‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’
Gatehouse Chambers, 11th October 2022
Source: gatehouselaw.co.uk
‘A sex abuse survivor has been paid a substantial sum after claiming school staff failed to protect her when she was raped by her mother’s partner.’
BBC News, 14th October 2022
Source: www.bbc.co.uk
‘Electronically stored information (ESI) is crucial to resolving your disputes and complying with your disclosure obligations.’
OUT-LAW.com, 4th October 2022
Source: www.pinsentmasons.com
‘Six-year-old Rikki Neave disappeared after leaving home for school in November 1994 – his body was discovered the following day. A BBC investigation has found that police ignored scientific evidence to build a case against his mother, leaving his killer free for more than 20 years.’
BBC News, 3rd October 2022
Source: www.bbc.co.uk
‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’
OUT-LAW.com, 15th September 2022
Source: www.pinsentmasons.com
‘DPP Max Hill’s speech to the Cambridge Symposium on Economic Crime.’
Crown Prosecution Service, 5th September 2022
Source: www.cps.gov.uk
‘A Norwich Pharmacal Order (NPO) is a disclosure order available in England and Wales which allows information to be obtained from third parties who have become ‘mixed up’ in wrongdoing, helping victims to investigate, pursue those ultimately responsible and recover their losses.’
OUT-LAW.com, 25th August 2022
Source: www.pinsentmasons.com
‘The High Court has refused a leading law firm an injunction to stop an opposing party making a use of a document it disclosed by mistake that cast doubt on an expert’s independence.’
Legal Futures, 26th August 2022
Source: www.legalfutures.co.uk
‘Ministers have partially lost an attempt to keep secret a series of comments about Rwanda from an adviser.’
BBC News, 17th August 2022
Source: www.bbc.co.uk
‘In the Business and Property Courts (B&PCs), Practice Direction (PD) 57AC has applied to all trial witness statements signed since 6 April 2021. The commencement date of the Disclosure Pilot Scheme (under PD 51U), was 1 January 2019. However, it has been approved and will become permanent from 1 October 2022 (under PD 57AD).
I want to share a few reflections, based on recent experience, around how the rules in these two Practice Directions can interact at trial.’
Practical Law: Construction Blog, 3rd August 2022
‘The Deputy Prime Minister Dominic Raab has today (20 July 2022) set out a package of measures that take aim at so-called “Strategic Lawsuits Against Public Participation” (SLAPPs).’
Ministry of Justice, 20th July 2022
Source: www.gov.uk
‘The Ministry of Justice (MoJ) has suggested that people defending themselves from strategic lawsuits against public participation (SLAPPs) could be protected by a £5,000 costs cap.’
Legal Futures, 22nd July 2022
Source: www.legalfutures.co.uk
‘The Serious Fraud Office must prevent third parties having ‘direct access’ to the watchdog’s director and ensure all prosecutions have an “effective disclosure strategy”, a review into the calamitous Unaoil bribery case recommended today – as a third man jailed after the investigation had his name cleared.’
Law Society's Gazette, 21st July 2022
Source: www.lawgazette.co.uk
‘The Domestic Violence Disclosure Scheme (DVDS), often referred to as “Clare’s Law”, was implemented across all police forces in England and Wales in March 2014. It means members of the public can ask the police for information on their partner’s criminal history and therefore know if their partner poses a risk to them.’
Family Law, 27th May 2022
Source: www.familylaw.co.uk
‘New guidance designed to give rape victims confidence to get therapy before their trial “makes things worse” for survivors and lessened their protections, according to the victims’ commissioner, Vera Baird.’
The Guardian, 26th May 2022
Source: www.theguardian.com
‘Victims of sexual offences have been promised less invasion into their private lives under changes to how evidence is gathered for trials.’
BBC News, 26th May 2022
Source: www.bbc.co.uk
‘If a document is privileged, the basic position is it can be withheld from third parties.’
OUT-LAW.com, 13th May 2022
Source: www.pinsentmasons.com
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