Julian Assange can be extradited to US to face espionage charges, court rules – The Guardian

Posted December 10th, 2021 in disclosure, extradition, freedom of expression, news, spying by michael

‘Julian Assange can be extradited to the US, the high court has ruled as it overturned a judgment earlier this year.’

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The Guardian, 10th December 2021

Source: www.theguardian.com

Sienna Miller and Paul Gascoigne ‘fully vindicated’ as damages claims settled – The Independent

Posted December 10th, 2021 in compensation, damages, disclosure, interception, media, news, privacy by michael

‘Sienna Miller and Paul Gascoigne have said they feel “fully vindicated” in bringing claims against the publisher of The Sun over alleged unlawful information gathering, as their cases were formally settled at the High Court.’

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The Independent, 9th December 2021

Source: www.independent.co.uk

UK legal group warns of information blackout on sewage discharges – The Guardian

Posted November 23rd, 2021 in disclosure, environmental health, news, waste, water, water companies by sally

‘A legal action group is warning there may be an information blackout on sewage discharges by water companies for years, after the Environment Agency announced an inquiry into more than 2,000 sites.’

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The Guardian, 22nd November 2021

Source: www.theguardian.com

More Transparency in the Financial Remedies Court – Transparency Project

Posted November 17th, 2021 in anonymity, disclosure, families, family courts, media, news, privacy, reporting restrictions by sally

‘Hard on the heels of the CONSULTATION ON A PROPOSAL FOR A STANDARD REPORTING PERMISSION ORDER IN FINANCIAL REMEDY PROCEEDINGS published by Mostyn J and HHJ Hess, the FRC Lead Judges, and animated by the same acknowledgement of the need for more transparency in FRC, come two important judgments by Mostyn J on the same subject: BT v CU [2021] EWFC 87, paras 100-114, and, in quick succession, A v M [2021] EWFC 89, paras 101-106.’

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Transparency Project, 16th November 2021

Source: www.transparencyproject.org.uk

“Abusive” to bring minor data breach claim in High Court – Legal Futures

‘A master has labelled as “a form of procedural abuse” a bid to bring a data breach claim in the High Court where the “very modest” damages would be dwarfed by costs of £50,000.’

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Legal Futures, 17th November 2021

Source: www.legalfutures.co.uk

Research briefing: Bankruptcy: trustee’s right of inquiry – House of Commons Library

Posted November 1st, 2021 in bankruptcy, disclosure, news, parliament, trustees in bankruptcy by tracey

‘This Commons briefing paper provides an outline of the trustee’s right of inquiry into the bankrupt’s property and dealings, including his right to examine third parties.’

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House of Commons Library , 29th October 2021

Source: commonslibrary.parliament.uk

Helen’s law: killer refused parole for failing to disclose where body hidden – The Guardian

‘A prisoner has become the first person to be refused parole under a new law that makes it harder for killers to be released if they refuse to reveal where they hid their victim’s body.’

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The Guardian, 27th October 2021

Source: www.theguardian.com

UK firms will have to disclose climate impact – BBC News

Posted October 19th, 2021 in climate change, company law, disclosure, environmental protection, news by tracey

‘Some large UK businesses will have to start disclosing their environmental impact, under new rules set to be brought in by the Treasury.’

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BBC News, 18th October 2021

Source: www.bbc.co.uk

Judge’s fury at suggestion his clerk leaked draft ruling – Legal Futures

Posted October 11th, 2021 in barristers' clerks, disclosure, judges, judgments, law firms, news, patents by sally

‘A High Court judge has strongly criticised a law firm and its client for appearing to blame his clerk for the leak of a draft judgment – which it turned out had not even happened.’

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Legal Futures, 11th October 2021

Source: www.legalfutures.co.uk

Judge lambasts government lawyers who ignored court rules – Law Society’s Gazette

‘The Department of Health and Social Care has been publicly censured by the courts for repeatedly failing to comply with civil procedure rules on disclosure protocol in a case brought by a campaign group.’

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Law Society's Gazette, 1st October 2021

Source: www.lawgazette.co.uk

Barrister disbarred after council tax fraud conviction – Legal Futures

‘A barrister convicted of council tax fraud who was then found to have lied at a re-hearing has been disbarred.’

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Legal Futures, 29th September 2021

Source: www.legalfutures.co.uk

New Guidelines for Lawyers Practising within the Coroners’ Court – Inquests and Inquiries Law Blog

‘New guidelines for legal professionals practising within the Coroners’ Courts have been published by the Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation. The new guidelines were introduced in response to concerns, particularly about the adversarial approach adopted by some lawyers. The key takeaways are summarised below.’

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Inquests and Inquiries Law Blog, 20th September 2021

Source: inquestsandinquirieslawblog.com

Barrister waived privilege in document by showing it to opposing counsel – Legal Futures

Posted September 22nd, 2021 in barristers, disclosure, evidence, news, privilege, repossession, witnesses by sally

‘Counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number and in doing so waived privilege, the High Court has ruled.’

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Legal Futures, 22nd September 2021

Source: www.legalfutures.co.uk

Local authority ordered to pay mother fleeing ex-partner £10k in compensation following data breach – Local Government Lawyer

‘Hampshire County Council should pay £10,000 in compensation after a mother who was fleeing her ex-partner had her address exposed in a data breach, Portsmouth Magistrates’ Court has ruled.’

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Local Government Lawyer, 6th September 2021

Source: www.localgovernmentlawyer.co.uk

Misconduct in public office – ECtHR reviews foreseeability of common law offence – UK Human Rights Blog

‘On 6 July 2021 the European Court of Human Rights (ECtHR) published its judgment in the case of Norman v UK (Application no. 41387/17). The case concerned Mr Robert Norman, an officer at Belmarsh prison, who in 2015 was convicted of misconduct in public office for passing a variety of information to a tabloid journalist in exchange for money. The ECtHR found that, in Mr Norman’s case, the offence itself did not constitute a breach of Article 7 ECHR (no punishment without law): Mr Norman’s conduct was sufficiently serious for it to have been foreseeable that it would constitute a criminal offence. The ECtHR also found that the newspaper’s disclosure of Mr Norman’s activities to the police, and his subsequent prosecution and conviction, did not breach his rights under Article 10 ECtHR (freedom of expression).’

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UK Human Rights Blog, 6th September 2021

Source: ukhumanrightsblog.com

Court clarifies law on pharma patent claims – OUT-LAW.com

Posted September 3rd, 2021 in appeals, disclosure, intellectual property, medicines, news, patents by tracey

‘Pharmaceutical manufacturers that claim patent rights over multiple compounds on the basis of a general formula will welcome a new ruling by the Court of Appeal in London, experts in patent litigation have said.’

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OUT-LAW.com, 2nd September 2021

Source: www.pinsentmasons.com

Determining the question of motivation in whistleblowing claims is not always as complicated as it seems – 3PB

‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

Article by Jonathan Lewis – Victim status under the Human Rights Act 1998 – Henderson Chambers

Posted August 10th, 2021 in disclosure, human rights, inquiries, judicial review, news, rendition, victims by sally

‘Reprieve, a legal action non-governmental organisation, and two MPs judicially reviewed the Prime Minister’s decision not to hold a public inquiry into the alleged complicity of British state agents in the unlawful rendition, detention, and mistreatment of individuals by other states in the years following the attack on New York in September 2001. The Court of Appeal held that the claimants were not victims within the meaning of the Human Rights Act 1998 (HRA 1998) and that Article 6(1) of the European Convention on Human Rights (ECHR) therefore did not apply to the claim. It further decided that the claimants were not entitled to disclosure in accordance with the standard set in SSHD v AF (No 3). Written by Jonathan Lewis, barrister at Henderson Chambers.’

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Henderson Chambers, 3rd August 2021

Source: www.hendersonchambers.co.uk

Underwriting on trial – Mills & Reeve

Posted August 3rd, 2021 in causation, disclosure, evidence, inducements, insurance, misrepresentation, news by sally

‘James Thompson and Suzanne El-Safty consider the importance of underwriting evidence for insurers attempting policy avoidance, in the context of Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590 (“the Niramax case”) and Jones v Zurich Insurance plc [2021] EWHC 1320 (Comm) (“the Jones case”).’

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Mills & Reeve, 30th July 2021

Source: www.mills-reeve.com

New Judgment: R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the standards to be applied by a court on judicial review of the contents of a policy document or statement of practice issued by a public authority. It is one of two appeals heard by the same panel of five Justices examining similar issues. It should be read together with the Court’s judgment in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com