Category: disclosure

Litigation Privilege: rationale and scope defined — Guy Mansfield QC – UK Human Rights Blog

Posted September 10th, 2018 in confidentiality, disclosure, fraud, news, privilege by sally

‘The Director of the SFO v ENRC [2018] EWCA Civ 2006. Eurasian Natural Resources Corp, the defendant to the Serious Fraud Office’s application to enforce notices seeking to compel the production of documents, has had a chequered history in the last 10 years since it came to the London market (in January 2014 it delisted and went private). In December 2010, a whistleblower alerted the company by email to serious allegations of corruption, fraud and bribery within its group.’

Full Story

UK Human Rights Blog, 10th September 2018

Source: ukhumanrightsblog.com

Case Comment: Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 – UKSC Blog

Posted September 6th, 2018 in disciplinary procedures, disclosure, indecent photographs of children, news, Supreme Court, teachers by sally

‘The Supreme Court heard the case of Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 in which it considered the duty of Reilly, a headteacher at a school, to disclose her relationship with a man called Mr Selwood who was convicted making indecent images of children.’

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UKSC Blog, 3rd September 2018

Source: ukscblog.com

Landmark privilege win: appeal court rules against SFO in ENRC case – Law Society’s Gazette

Posted September 6th, 2018 in confidentiality, disclosure, fraud, news, privilege by sally

‘The protective scope of professional privilege received an important boost today when an appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings. In a much awaited ruling, the President of the Queen’s Bench Division Sir Brian Leveson, Chancellor of the High Court Sir Geoffrey Vos and Lord Justice McCombe this morning backed an appeal over a High Court ruling that a business under investigation by the Serious Fraud Office should turn over materials prepared for an earlier internal investigation.’

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Law Society's Gazette, 5th September 2018

Source: www.lawgazette.co.uk

Freezing injunction duty of disclosure ‘should not be taken lightly’ – OUT-LAW.com

Posted September 4th, 2018 in disclosure, financial regulation, injunctions, news by sally

‘The High Court has discharged a $3 billion worldwide freezing order (WFO) granted in favour of the sovereign wealth fund of Angola due to “serious and substantial” breaches of its duty to provide full and frank disclosure of all material facts in the case.’

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OUT-LAW.com, 30th August 2018

Source: www.out-law.com

Council in legal bid to force disclosure of Brexit impact – Local Government Lawyer

Posted September 3rd, 2018 in brexit, disclosure, EC law, government departments, local government, news by sally

‘Plymouth City Council has claimed to be the first to use the Sustainable Communities Act to try to force the government to reveal the impact of Brexit.’

Full Story

Local Government Lawyer, 30th August 2018

Source: www.localgovernmentlawyer.co.uk

Bar Council: New open justice rule could disadvantage litigants in person – Litigation Futures

Posted August 28th, 2018 in barristers, civil procedure rules, disclosure, litigants in person, news by sally

‘A new rule putting the parties under an explicit obligation to disclose to the other side communications with the court could disadvantage litigants in person (LiPs), the Bar Council has warned.’

Full Story

Litigation Futures, 24th August 2018

Source: www.litigationfutures.com

High Court: No duty on solicitors to alert other side to errors – Litigation Futures

Posted August 23rd, 2018 in civil procedure rules, disclosure, law firms, news, service, solicitors by sally

‘Litigation solicitors are not under a duty to alert their opponents to errors which they have not caused, the High Court has ruled.’

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Litigation Futures, 23rd August 2018

Source: www.litigationfutures.com

Banks subject to UK disclosures on security and outage incidents – OUT-LAW.com

Posted August 23rd, 2018 in banking, computer crime, disclosure, financial regulation, news by sally

‘Rules requiring banks to publically disclose how often they have had to report major operational and security incidents have taken effect in the UK.’

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OUT-LAW.com, 22nd August 2018

Source: www.out-law.com

Success of court disclosure reforms requires ‘cultural change’ – OUT-LAW.com

Posted August 10th, 2018 in civil procedure rules, disclosure, documents, news by sally

‘Plans to overhaul document disclosure in the courts in England and Wales have been approved by the Civil Procedure Rule Committee (CPRC).’

Full Story

OUT-LAW.com, 8th August 2018

Source: www.out-law.com

Inadequate police disclosure in care proceedings – Family Law

Posted August 10th, 2018 in care orders, disclosure, news, police by sally

‘Following A Local Government v A and others [2018] EWHC 1819 (Fam), a hearing involving the death of a baby in suspicious circumstances, Gemma Taylor QC at 42 Bedford Row and Samantha Bowcock at 15 Winckley Square Chambers, stress the importance of disclosure of relevant material in care proceedings and examine the steps that police and local authorities should take in order to avoid compromising a case.’

Full Story

Family Law, 8th August 2018

Source: www.familylaw.co.uk

Proper practice on seeking permission to appeal (Lisle-Mainwaring v Associated Newspapers Ltd) – Hardwicke Chambers

Posted August 9th, 2018 in appeals, disclosure, harassment, news by sally

‘What is the proper procedure when submitting an application for permission to appeal? Phillip Patterson, a barrister at Hardwicke Chambers, considers the Court of Appeal’s judgment in Lisle-Mainwaring v Associated Newspapers Ltd and explains why any informal attempt to seek permission to appeal from the lower court is invalid.’

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Hardwicke Chambers, 30th July 2018

Source: www.hardwicke.co.uk

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

Posted August 9th, 2018 in civil procedure rules, disclosure, documents, injunctions, jurisdiction, news, third parties by sally

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

Full Story

Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

Surrey police to hold review after trial of Jonathan King collapse – The Guardian

Posted August 7th, 2018 in child abuse, disclosure, news, police, prosecutions, sexual offences by sally

‘An independent review will take place after “fundamental failures” led to the collapse of disgraced music industry figure Jonathan King’s trial, a police and crime commissioner has said.’

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The Guardian, 6th August 2018

Source: www.theguardian.com

Identifiability and the Unmotivated Intruder – Panopticon

Posted August 6th, 2018 in disclosure, freedom of information, identification, news, statistics by sally

‘It is not uncommon for public authorities who hold statistical data to decline to disclose specific figures in categories for which the number is fewer than five, on the basis of a fear that the number of affected people is sufficiently small that they are reasonably identifiable. In other words, they rely on section 40(2) FOIA to withhold the number.That approach has now been considered by the Upper Tribunal in Information Commissioner v Miller [2018] UKUT 229 (AAC). That case concerned a request to (what is now) MHCLG for their information supplied by local authorities on a range of homelessness statistics. In relation to parts of the dataset which related to five or fewer individuals, section 40(2) was relied on. The FTT disagreed in a decision on the papers and the ICO appealed.’

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Panopticon, 3rd August 2018

Source: panopticonblog.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

Posted August 2nd, 2018 in appeals, criminal records, disclosure, news, police, proportionality, Supreme Court, taxis by sally

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

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UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com

Are the parameters of professional privilege about to be redefined? – Family Law

Posted August 2nd, 2018 in disclosure, documents, news, privilege by sally

‘Family analysis: Sarah Bazaraa, senior associate at Pannone Corporate LLP, looks at the unusual facts in Bruzas v Saxton [2018] EWHC 1619 (Fam), [2018] All ER (D) 160 (Jun) and considers whether the issues raised in the case may redefine the boundaries of legal professional privilege.’

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Family Law, 1st August 2018

Source: www.familylaw.co.uk

Rule committee signs off disclosure pilot rules – Litigation Futures

Posted August 1st, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts.’

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Litigation Futures, 1st August 2018

Source: www.litigationfutures.com

Home Office misled court about treatment of child refugees from Calais, judges find – The Guardian

Posted August 1st, 2018 in children, disclosure, duty of candour, families, government departments, immigration, news, reasons, refugees by sally

‘The government “materially misled” the high court about its treatment of child refugees who applied for safe passage to the UK from Calais, giving incomplete evidence that was “a serious breach of the duty of candour and cooperation”, the court of appeal ruled on Tuesday.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

Man freed on first day of acid attack trial in Liverpool – The Guardian

Posted August 1st, 2018 in Crown Prosecution Service, disclosure, evidence, hazardous substances, news, prosecutions by sally

‘A judge has called on the Crown Prosecution Service to expand its review of disclosure failures after a man spent six months in prison accused of carrying out an acid attack only to be freed on the first day of his trial.’

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The Guardian, 21st July 2018

Source: www.theguardian.com

Changes Proposed to Code for Crown Prosecutors to drive improvements in disclosure – Crown Prosecution Service

Posted July 24th, 2018 in codes of practice, Crown Prosecution Service, disclosure, evidence, press releases, telecommunications by sally

‘Making sure clearer, earlier information about mobile phone evidence is available before a suspect is charged with a crime is part of a raft of proposed changes announced by the Director of Public Prosecutions today. This will include mobile phone messages sent by suspects and accusers in cases where the parties are known to each other.’

Full press release

Crown Prosecution Service, 23rd July 2018

Source: www.cps.gov.uk