Paradise Papers legal action against BBC and Guardian condemned – The Guardian

‘Two of the key media partners in the Paradise Papers investigation have condemned the legal action that is seeking to force the Guardian and the BBC to disclose documents used by reporters.’

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The Guardian, 19th December 2017

Source: www.theguardian.com

Student wrongly accused of rape says he will sue police and CPS as he questions why he was made to stand trial – Daily Telegraph

Posted December 18th, 2017 in Crown Prosecution Service, disclosure, news, police, rape by sally

‘A student wrongly tried for rape after police failed to hand over vital evidence that exonerated him has vowed to sue the police and the CPS as he called for a change to the system.’

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Daily Telegraph, 17th December 2017

Source: www.telegraph.co.uk

MoJ rejects calls for ban on revealing sexual history in rape cases – The Guardian

Posted December 15th, 2017 in cross-examination, disclosure, evidence, news, rape by tracey

‘The Ministry of Justice has rejected calls for a ban on rape complainants’ sexual history being revealed in court, saying cross-examination should continue to be allowed in exceptional circumstances.’

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The Guardian, 14th December 2017

Source: www.theguardian.com

Scotland Yard carrying out ‘urgent assessment’ after rape trial collapses – The Guardian

Posted December 15th, 2017 in Crown Prosecution Service, delay, disclosure, evidence, news, police, rape by tracey

‘Scotland Yard is carrying out an “urgent assessment” after a rape prosecution collapsed due to the late disclosure of evidence that undermined the case.’

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The Guardian, 15th December 2017

Source: www.theguardian.com

Asbestos documents must be disclosed to pressure group, High Court rules – Litigation Futures

Posted December 13th, 2017 in asbestos, disclosure, news, public interest by sally

‘A huge collection of documents, including “those relating to the history and development of knowledge in the 20th century about the risks of asbestos”, must be disclosed to the public, the High Court has ruled.’

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Litigation Futures, 13th December 2017

Source: www.litigationfutures.com

Collateral waiver of privilege (Holyoake and another v Candy and others) – Hardwicke Chambers

Posted December 8th, 2017 in disclosure, evidence, news, privilege by sally

‘Dispute Resolution analysis: When is it appropriate to waive privilege during the course of civil proceedings, and what are the risks if you do? These questions regularly create difficulties for litigators, and a variant of them arose during the trial of Holyoake v Candy. Roger Stewart QC, of 4 New Square, Richard Fowler, of Maitland Chambers, and John Beresford, of Hardwicke Chambers, who appeared for the claimants, examine the issues and say being able to advise with reasonable assurance as to the scope of any collateral waiver will be key to the decision on whether privilege ought to be intentionally waived.’

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Hardwicke Chambers, 5th December 2017

Source: www.hardwicke.co.uk

Social worker wins right to use documents for ECHR claim over judicial criticism – Local Government Lawyer

Posted December 8th, 2017 in care orders, disclosure, family courts, human rights, news, social services by sally

‘The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

Birmingham Six: Calls for end to ‘double injustice’ – BBC News

Posted December 7th, 2017 in disclosure, elderly, explosives, miscarriage of justice, news, terrorism by sally

‘Two men who were wrongly convicted of carrying out the Birmingham pub bombings in 1974 have supported calls for the alleged bombers to be named publicly to end a “double injustice”.’

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BBC News, 6th December 2017

Source: www.bbc.co.uk

Uber says 2.7m Brits hit by breach that was covered up – BBC News

Posted November 30th, 2017 in data protection, disclosure, news, privacy by tracey

‘Uber has revealed that 2.7 million British riders and drivers were affected by a 2016 data breach that it covered up for more than a year.’

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BBC News, 29th November 2017

Source: www.bbc.co.uk

Court underlines importance of full disclosure in freezing injunction cases – OUT-LAW.com

Posted November 28th, 2017 in disclosure, fraud, freezing injunctions, news, setting aside by sally

‘The English High Court has thrown out an application to set aside a without notice freezing injunction made against two defendants to a fraud action, saying the claimants had disclosed sufficient evidence for the case to proceed.’

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OUT-LAW.com, 27th November 2017

Source: www.out-law.com

’Irrelevant’ criminal record checks harm ex-offenders’ job hopes – The Guardian

‘The criminal records system is hampering the rehabilitation of ex-offenders, according to new figures. Nearly three quarters of the million or so convictions revealed to employers each year in criminal records checks are more than a decade old. Only around 5,000 – one in 197 – are considered relevant to a person’s job application.’

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The Guardian, 25th November 2017

Source: www.theguardian.com

Data breach management: how not to do it – Technology Law Blog

Posted November 23rd, 2017 in computer crime, data protection, disclosure, news by sally

‘The theft of personal data by malicious employees or third parties does not have to be a disaster. With appropriate PR and legal advice, and proactive engagement and input from senior management, an organisation can minimise the negative consequences and may even be able to strengthen client relationships. The key is transparency – you to need to own the breach, and demonstrate a proactive, strong response.’

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Technology Law Blog, 23rd November 2017

Source: www.technology-law-blog.co.uk

Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’

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Local Government Lawyer, 22nd November 2017

Source: www.localgovernmentlawyer.co.uk

New Push to Make ‘Hillsborough Law’ a Reality – RightsInfo

‘The ‘Hillsborough Law‘ was first suggested after families of the 96 victims of the disaster were forced at recent inquests to defend themselves against allegations that fans had had too much to drink.’

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RightsInfo, 22md November 2017

Source: rightsinfo.org

Not with a Whisper but a Bang: the new insurance laws in a Professional Indemnity Context – Hailsham Chambers

‘The changes of last August and the impending Enterprise Act 2016 changes for May of next year will transform the way we have to look at insurance contracts generally and, if our insurer clients’ underwriting departments have not substantially rewritten their proposal forms and policy documents, we can anticipate a few years of ongoing law making.’

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Men jailed over huge £100m tax fraud – Crown Prosecution Service

‘Five men have been jailed today (November 10) for their part in a £100m tax fraud.’

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Crown Prosecution Service, 10th November 2017

Source: www.cps.gov.uk

Law and religion round-up – 5th November – Law & Religion UK

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

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Law & Religion UK, 5th November 2017

Source: www.lawandreligionuk.com

New rules to tackle ‘monster’ of civil disclosure – Law Society’s Gazette

Posted November 6th, 2017 in civil justice, disclosure, dispute resolution, documents, news, pilot schemes by tracey

‘Parties in civil litigation will have to persuade a court if they want disclosure to encompass more than just certain key documents, under plans for reforming ‘monster’ levels of disclosure.’

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Law Society's Gazette, 3rd November 2017

Source: www.lawgazette.co.uk

Fraud may justify ‘collateral use’ of documents in multiple sets of civil proceedings, court rules – OUT-LAW.com

‘The “strong public interest” in pursuing claims for fraud, bribery and corruption may justify allowing the use of documents obtained in one set of legal proceedings in a different set of proceedings, the High Court has ruled.’

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OUT-LAW.com, 3rd November 2017

Source: www.out-law.com

Judiciary signals major culture and rule change to control disclosure – Litigation Futures

Posted November 3rd, 2017 in civil procedure rules, disclosure, news, pilot schemes by tracey

‘A “wholesale cultural change” in the approach to disclosure in the Business and Property Courts is needed, a judiciary-led working group has said, which will be brought about by a completely new rule and guidelines applying to the majority of cases.’

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Litigation Futures, 2nd November 2017

Source: www.litigationfutures.com