Offshore owners of British property to be forced to reveal names – The Guardian

Posted July 24th, 2018 in bills, disclosure, money laundering, news by sally

‘Offshore owners of British property will be forced to reveal their true identities or face jail sentences and unlimited fines under draft laws that aim to end the UK’s reputation as a high-risk jurisdiction for money laundering.’

Full Story

The Guardian, 23rd July 2018

Source: www.theguardian.com

Statement following the publication of the Justice Select Committee report on Disclosure – Crown Prosecution Service

‘The Crown Prosecution Service and the National Police Chiefs Council have today (20 July) issued a joint response into the Justice Select Committee Report over Disclosure of evidence in criminal cases.’

Full press release

Crown Prosecution Service, 20th July 2018

Source: www.cps.gov.uk

Director of public prosecutions criticised for ‘insufficient leadership’ over failings that saw evidence withheld from defence lawyers – The Independent

Posted July 20th, 2018 in Crown Prosecution Service, disclosure, evidence, news by sally

‘Weak leadership by the director of public prosecutions failed to tackle failings that led to innocent people to be wrongly imprisoned, MPs have found.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

UK government launches consultation on open justice – OUT-LAW.com

‘The UK government is seeking to clarify the rules governing when litigation should be heard in private, in a bid to safeguard the principles of open justice.’

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OUT-LAW.com, 16th July 2018

Source: www.out-law.com

Lawyers could be forced to share notes of hearings with litigants in person – Litigation Futures

‘A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice (MoJ). Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.’

Full Story

Litigation Futures, 17th July 2018

Source: www.litigationfutures.com

Achieving sea-change: criminal disclosure failures – Counsel

Posted July 16th, 2018 in Crown Prosecution Service, disclosure, news, prosecutions, reports by sally

‘Too little, too late? As the CPS publishes its disclosure review, Narita Bahra and Fiona Robertson assess whether its assurances and safeguards can possibly achieve the pledged sea change.’

Full Story

Counsel, July 2018

Source: www.counselmagazine.co.uk

Police and prosecution lawyers fail to correctly disclose evidence in nearly half of cases, watchdog says – Daily Telegraph

Posted July 13th, 2018 in disclosure, evidence, news, police, reports by sally

‘Police and prosecution lawyers are failing to correctly disclose evidence in nearly half of court cases, watchdog review has found.’

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Daily Telegraph, 12th July 2018

Source: www.telegraph.co.uk

Pay defence practitioners earlier to improve disclosure – attorney general – Law Society’s Gazette

‘Redesigning the legal aid system to pay defence practitioners earlier in a case could help to tackle long-standing disclosure challenges, the attorney general has told MPs.’

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Law Society's Gazette, 9th July 2018

Source: www.lawgazette.co.uk

Mixed Data in the Court of Appeal – Panopticon

Posted July 2nd, 2018 in data protection, disclosure, medical records, news by sally

‘Hot off (Thursday’s) press comes the CA judgment in DB v GMC [2018] EWCA Civ 1497, which will now be the leading case on the treatment of mixed personal data.’

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Panopticon, 2nd July 2018

Source: panopticonblog.com

Government policy forced 190 women to prove they were raped in order to get child benefits, figures show – The Independent

Posted June 29th, 2018 in benefits, children, disclosure, news, rape, tax credits by sally

‘Scores of women have been forced to prove they were raped in order to get benefits under a new government policy, official figures show. In total, 190 women had to prove their child was conceived as a result of rape in order to receive financial support in the year after the two-child policy was introduced in April 2017.’

Full Story

The Independent, 28th June 2018

Source: www.independent.co.uk

Court of Appeal overturns costs penalty imposed on claimant who gave dishonest evidence – Litigation Futures

Posted June 28th, 2018 in appeals, costs, disclosure, news, personal injuries by sally

‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 26th June 2018

Source: www.litigationfutures.com

Court of Appeal overturns costs penalty imposed on claimant who gave dishonest evidence – Litigation Futures

Posted June 27th, 2018 in costs, disclosure, evidence, news, part 36 offers, penalties by sally

‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 26th June 2018

Source: www.litigationfutures.com

£2.4m spent on House of Commons gagging clauses – BBC News

‘The House of Commons spent £2.4m on “gagging clauses” for former staff since 2013, BBC Newsnight has learned. Fifty-three departing members of the House of Commons Service signed contracts compelling them not to reveal information about the Commons.’

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BBC News, 22nd June 2018

Source: www.bbc.co.uk

Speech by Lord Justice Gross: Disclosure – Again – Courts and Tribunals Judiciary

Posted June 21st, 2018 in case management, criminal justice, disclosure, police, speeches by sally

‘Speech by Lord Justice Gross: Disclosure – Again.’

Full speech

Courts and Tribunals Judiciary, 19th June 2018

Source: www.judiciary.uk

Facebook ordered to explain deleted profile – BBC News

Posted June 20th, 2018 in bereavement, disclosure, identification, internet, news, third parties by sally

‘Facebook has been ordered by a UK high court judge to reveal who told it to delete the profile of a jazz musician and his band, six months after he died.’

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BBC News, 19th June 2018

Source: www.bbc.co.uk

Delaying disclosure for effective investigation – UK Police Law Blog

Posted June 12th, 2018 in delay, disclosure, news, police, reports by sally

‘The Family Division of the High Court in G v G (Chief Constable of Dorset Police intervening) [2018] EWHC 1100 (Fam) ordered that the service and disclosure of a CAFCASS report be delayed for a week in order to allow an effective police investigation into allegations that the father had sexually abused one of the children. The judgment of 4 May 2018 was delivered in private and Holman J gave leave for an anonymised version to be published one week later, stating that the decision had been made upon the Court “being asked to take a very unusual course” in “a very unusual application”.’

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UK Police Law Blog, 11th June 2018

Source: ukpolicelawblog.com

Limits on transparency in the family courts – Family Law

Posted June 12th, 2018 in disclosure, family courts, injunctions, media, news by sally

‘Family analysis: Following a judge’s decision in 2002 that a girl who was then two years old should live with her father and that the mother should not have direct access, the Family Division in Re G (A Child) [2018] EWHC 1301 (Fam), [2018] All ER (D) 148 (May) refused a recent application by the girl’s older half-brother for access to all the files in the 2002 proceedings, and also refused the mother’s application for the removal of the undertaking she had given the judge not to communicate with the media. Adam Wolanski, barrister, of 5RB, examines the issues.’

Full Story

Family Law, 11th June 2018

Source: www.familylaw.co.uk

CPS publishes outcome of sexual offences review – Crown Prosecution Service

‘The Crown Prosecution Service (CPS) has today (5 June) published the outcome of its review of rape and serious sexual offences (RASSO) cases.’

Full press release

Crown Prosecution Service, 5th June 2018

Source: www.cps.gov.uk

Carroll ‘massively disappointed’ by £200,000 fraud trial collapse – The Guardian

Posted May 25th, 2018 in disclosure, evidence, fraud, horse racing, news, sport by sally

‘Tony Carroll said on Thursday that the collapse of a six-week fraud trial, which arose from a complaint he made against a former employee, was “a massive disappointment” to him and owners at his Worcestershire yard. The veteran trainer issued a categorical denial of “any suggestion that I directed the defendant’s activity”, which was the contention put forward by James Hamer’s defence team during the trial at Hereford crown court.’

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The Guardian, 24th May 2018

Source: www.theguardian.com

Fraud trial collapses over disclosure of BHA evidence – The Guardian

Posted May 24th, 2018 in disclosure, evidence, fraud, horse racing, news, sport by sally

‘A six-week racing-related fraud case has collapsed after a judge ruled material held by the police and the British Horseracing Authority had not been properly disclosed to the defence. The case arose out of a complaint by the trainer Tony Carroll that he had been defrauded by a former employee, James Hamer, but the defence contended that all relevant cash movements had been carried out at Carroll’s direction.’

Full Story

The Guardian, 23rd May 2018

Source: www.theguardian.com