Category: disclosure

Abuse Of Process In Historical Cases: A Thing Of The Past? – Crimeline

Posted August 4th, 2016 in abuse of process, disclosure, evidence, news, reports by Mark L

‘In May this year the Public Accounts Committee published a report titled the ‘Efficiency in the Criminal Justice System.’ The conclusions are unsurprising for those with any experience of the system; it is at breaking point. In the current climate it seems the courts will do everything in their power to ensure cases proceed often in spite of significant delay. Due to their nature, historical cases can often be besieged with disclosure problems, and while delay can be due to legitimate and understandable reasons it is also true that historical cases can face unjustifiably delay. The question which must be asked is, when a case suffers from both delay and disclosure issues can a defendant have a fair trial at all?.’

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Crimeline, 3rd August 2016

Source: www.crimeline.info

Linklaters escapes ‘unprecedented’ disclosure order – Law Society’s Gazette

Posted August 1st, 2016 in compensation, demonstrations, disclosure, documents, electronic mail, law firms, miners, news by Mark L

‘The High Court has decided against making what would have been an unprecedented order in relation to e-disclosure in an action brought over the behaviour of a mining company in Peru.’

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Law Society’s Gazette, 29th July 2016

Source: www.lawgazette.co.uk

Prison’s gross failures contributed to death of inmate, inquest finds – The Guardian

Posted July 27th, 2016 in arson, coroners, disclosure, fire, health & safety, inquests, learning difficulties, mental health, news, ombudsmen, prisons, standards, suicide by sally

‘A catastrophic series of failures contributed to the death of a prisoner, who died after setting fire to his cell, an inquest jury ruled.’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

Predictive coding – the current landscape – Hardwicke Chambers

Posted July 26th, 2016 in case management, civil procedure rules, computer programs, costs, disclosure, documents, news by sally

‘Disclosure of documents is a significant driver of costs. Where the relevant documents are electronic, the problem is usually exacerbated. This is simply because the vast majority of documents are now created electronically and the proliferation and storage capacity of day-to-day IT equipment is such that the amount of information available may be enormous.’

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Hardwicke Chambers, 21st July 2016

Source: www.hardwicke.co.uk

Making lawyers publish “average” prices will energise consumers, says panel – Legal Futures

Posted July 25th, 2016 in barristers, competition, complaints, consumer protection, costs, disclosure, legal profession, legal services, news, solicitors, statistics by sally

‘The Legal Services Consumer Panel said last week that it was “not blind to the challenges of increased price transparency”, but insisted that making lawyers publish “average” prices could be the catalyst for making consumers ask more questions about cost.’

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Legal Futures, 25th July 2016

Source: www.legalfutures.co.uk

Head Teacher’s Safeguarding responsibilities – Employment Law Blog

Posted July 21st, 2016 in appeals, disclosure, duty of care, employment, indecent photographs of children, news, teachers, unfair dismissal by tracey

‘A v B Local Authority and C Governing Body of School [2016] EWCA Civ 766 is concerned with whether an ET had been entitled to find that a Head Teacher of a primary school had been fairly summarily dismissed for gross misconduct, i.e. putting the safety of children at risk, for failing to disclose to the school authorities her close personal relationship with a male (IS) convicted of making indecent images of children by downloading them onto his computer. The ET’s finding was upheld by the EAT (Wilkie J presiding) and has now been upheld by a majority in the Court of Appeal (Black and Floyd LJJ). Elias LJ dissented.’

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Employment Law Blog, 20th July 2016

Source: www.employment11kbw.com

JR jurisdiction ‘disadvantage’ for criminal cases – Law Society’s Gazette

Posted July 20th, 2016 in appeals, civil justice, closed circuit television, criminal justice, disclosure, drunk in charge, judicial review, jurisdiction, news by tracey

‘The High Court has dismissed a bid to reconsider a judicial review decision, highlighting jurisdictional differences between criminal and civil proceedings.’

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Law Society’s Gazette, 19th July 2016

Source: www.lawgazette.co.uk

Private tutors ‘must face criminal records checks’ – BBC News

Posted July 13th, 2016 in children, criminal records, disclosure, education, news, teachers by sally

‘All self-employed tutors should be legally required to have a criminal records check before they can offer private lessons to children in the UK, children’s charity the NSPCC says.’

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BBC News, 13th July 2016

Source: www.bbc.co.uk

Avoid/evade – Counsel

Posted July 13th, 2016 in appeals, barristers, disclosure, HM Revenue & Customs, human rights, interpretation, news, public interest, solicitors, Supreme Court, tax avoidance, tax evasion by sally

‘Recent news analysis of the Panama Papers, and high-profile-personality stakes in offshore funds, have turned up the heat in the tax avoid v evade debate. Kevin Prosser QC sheds light on this greyest of areas.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

‘Avoiding Too Narrow a Focus on Relief from Sanctions’ – Littleton Chambers

Posted July 12th, 2016 in appeals, disclosure, documents, evidence, news, sanctions by sally

‘Ashley Cukier considers the decision in McTear and another v Engelhard and others [2016] EWCA Civ 487, the successful appeal of a first instance judgment handed down after Mitchell but before Denton.’

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Littleton Chambers, 9th July 2016

Source: www.littletonchambers.com

High Court: cost savings of predictive coding “extremely significant” – Litigation Futures

Posted July 12th, 2016 in computer programs, costs, disclosure, news by sally

‘The High Court has described the cost savings that can be achieved by using predictive coding for disclosure rather than a standard keyword search as “extremely significant”.’

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Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

FCA will look to ensure consumer protection and support for fintech innovation in crowdfunding review, says expert – OUT-LAW.com

Posted July 12th, 2016 in consumer protection, disclosure, financial regulation, news by sally

‘The Financial Conduct Authority (FCA) will look to ensure that consumers are sufficiently protected against the risks inherent in crowdfunding while supporting innovation in the growing market in a forthcoming review of its regulation of the industry, an expert has said.’

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OUT-LAW.com, 11th July 2016

Source: www.out-law.com

Another door closes for the Chagossians – UK Human Rights Blog

Posted July 6th, 2016 in appeals, armed forces, Chagos Islands, disclosure, documents, environmental protection, fisheries, news, Supreme Court by Mark L

‘In R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, the Supreme Court last week dismissed the attempt to set aside the House of Lord’s controversial 2008 decision in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61. The challenge was grounded in the disclosure of documents in the parallel proceedings of Bancoult No 3 relating to the reliability of a feasibility study into the long term viability of settlement in Chagos Islands.’

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UK Human Rights Blog, 6th July 2016

Source: www.ukhumanrightsblog.com

‘Digital influencers’ must disclose paid-for content, says new guidance – OUT-LAW.com

Posted July 4th, 2016 in competition, consumer protection, disclosure, internet, news by michael

‘Online publishers, bloggers, tweeters and other “digital influencers” must “clearly and prominently” label content they are paid to produce as paid-for promotions, new guidance developed by a body of regulators from around the world has said.’

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OUT-LAW.com, 1st July 2016

Source: www.out-law.com

Senior judge: bigger fine discounts needed for companies agreeing deferred prosecution agreements – OUT-LAW.com

Posted June 30th, 2016 in codes of practice, corruption, Crown Prosecution Service, deferred prosecution agreements, disclosure, fines, judges, news, sentencing by tracey

‘Companies should receive substantial discounts on fines if they enter into deferred prosecution agreements (DPAs) with the Serious Fraud Office (SFO) after uncovering and self-reporting corruption offences, according to one of the UK’s most senior judges.’

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OUT-LAW.com, 30th June 2016

Source: www.out-law.com

English court upholds freezing order, jails directors for refusal to disclose assets – OUT-LAW.com

Posted June 29th, 2016 in company directors, disclosure, freezing injunctions, news, sentencing by sally

‘The current and former directors of Hong Kong company Nu Tek have been sentenced to 18 and 12 months’ imprisonment for breaching a worldwide freezing order.’

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OUT-LAW.com, 28th June 2016

Source: www.out-law.com

Tribunal backs refusal by transport body to disclose 2005 legal opinion – Local Government Lawyer

Posted June 28th, 2016 in disclosure, freedom of information, news, transport, tribunals by sally

‘The First-tier Tribunal has upheld a transport body’s refusal to disclose, following a freedom of information request, advice given by counsel in 2005.’

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Local Government Lawyer, 27th June 2016

Source: www.localgovernmentlawyer.co.uk

Party penalised in case ‘crying out’ for sensible negotiation – Law Society’s Gazette

Posted June 27th, 2016 in costs, disclosure, dispute resolution, documents, evidence, news by sally

‘The High Court has sent a strong message about non-disclosure and failing to negotiate by penalising a party over costs.’

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Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

Conflicts of interest – Law Society’s Gazette

Posted June 27th, 2016 in arbitration, barristers, bias, codes of practice, conflict of interest, disclosure, interpretation, news by sally

‘In the recent decision of W Ltd v M SDN BHD [2016] EWHC 422, Knowles J considered a challenge by the claimant of an arbitral award on the grounds of ‘serious irregularity’ under section 68(2) of the Arbitration Act 1996. That section provides that ‘serious irregularity’ means an irregularity ‘which the court considers has caused or will cause substantial injustice to the applicant’. The claimant alleged apparent bias on behalf of the sole arbitrator, H, based on alleged conflict of interest.’

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Law Society’s Gazette, 27th June 2016

Source: www.lawgazette.co.uk

High court refuses to publish Ben Butler judgment from 2014 – The Guardian

Posted June 23rd, 2016 in appeals, disclosure, judgments, media, news, public interest, publishing, reporting restrictions, retrials by sally

‘A high court judge has refused to publish a 2014 judgment on the death of Ellie Butler on the grounds that her father, who has been jailed for life for her murder, might in the future face a retrial.’

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The Guardian, 22nd June 2016

Source: www.guardian.co.uk