Statements made in open offer do not constitute admissions, High Court rules – Litigation Futures

Posted October 27th, 2015 in budgets, civil procedure rules, costs, disclosure, news by sally

‘A party cannot use part of an open offer made during litigation as an admission by their opponent, the High Court has ruled.’

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Litigation Futures, 27th October 2015

Source: www.litigationfutures.com

FGM: reporting of cases among children becomes mandatory – The Guardian

‘A duty on all teachers, doctors, nurses and social workers to report child cases of female genital mutilation (FGM) to the police will come into force next week.’

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The Guardian, 20th October 2015

Source: www.guardian.co.uk

Supreme Court divorce appeals allowed: ‘fraud unravels all’ – Halsbury’s Law Exchange

Posted October 19th, 2015 in appeals, disclosure, divorce, financial provision, news, Supreme Court by sally

‘The Supreme Court has unanimously allowed two wives to have financial settlements set aside on the basis that their former husbands failed to provide full and frank disclosure.’

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Halsbury’s Law Exchange, 16th October 2015

Source: www.halsburyslawexchange.co.uk

Women get right to reopen divorce settlements after supreme court ruling – The Guardian

‘Two women who said that their ex-husbands misled judges about how much they were worth win right to have settlements re-examined.’

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The Guardian, 14th October 2015

Source: www.guardian.co.uk

Divorce ruling: Women await hidden wealth decision – BBC News

‘Two women who want their divorce settlements increased because they say their ex-husbands misled courts are to hear the Supreme Court’s ruling later. Alison Sharland and Varsha Gohil say the men hid the true extent of their wealth when the deals were made. The BBC’s Clive Coleman said it was the “first time in a generation” the court had examined how much a person can lie about assets before a divorce deal can be scrapped or renegotiated.’

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BBC News, 14th October 2015

Source: www.bbc.co.uk

Finance & Divorce Update October 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015.’

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Family Law Week, 11th October 2015

Source: www.familylawweek.co.uk

‘Fair presentation of risk’ and the Insurance Act 2015 – Hardwicke Chambers

Posted October 7th, 2015 in construction industry, disclosure, insurance, news by sally

‘The Insurance Act 2015, which does not come into force until August 2016, changes the way in which insurance is conducted. The delay in commencement of the Act is intended, at least in part, to give insurers time to change their policy wording and procedures. It is likely that some of the new policy wordings and procedures will give rise to disputes and in the context of construction insurance in particular, there are likely to be issues relating to the concept of fair presentation of risk that is introduced by the Act.’

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Hardwicke Chambers, 14th September 2015

Source: www.hardwicke.co.uk

Trumping the Trump – or how to meet a claim to privilege following discontinuance in a fundamental dishonesty claim – Park Square Barristers

Posted October 7th, 2015 in disclosure, evidence, fundamental dishonesty, news, personal injuries, privilege by sally

‘It is common practice for an unscrupulous claimant, to run a doubtful personal injury claim to the door of the court, hoping to force a settlement, and then, at the last minute, to discontinue, in order to avoid the risk of failure, a finding of fundamental dishonesty and a costs liability.’

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Park Square Barrister, 18th September 2015

Source: www.parksquarebarristers.co.uk

‘Vilified’ doctor cannot publish patient’s private information – Panopticon

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

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Panopticon, 1st October 2015

Source: www.panopticonblog.com

CJC “conceptually” against new financial information rules for judicial review claimants – Litigation Futures

Posted September 29th, 2015 in Civil Justice Council, consultations, costs, disclosure, news by sally

‘The Civil Justice Council (CJC) has made it clear that it remains “conceptually” opposed to the new financial information rules for judicial review applicants, despite their passage into law in the Criminal Justice and Courts Act 2015.’

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Litigation Futures, 29th September 2015

Source: www.litigationfutures.com

Key ruling on charging for property search information out in early October – Local Government Lawyer

‘The Court of Justice of the European Union will in the next fortnight hand down a crucial ruling on local authorities’ ability to charge for access to property search information, it has been reported.’

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Local Government Lawyer, 23rd September 2015

Source: www.localgovernmentlawyer.co.uk

Should national security ever trump the right to a fair trial? – The Guardian

‘A ruling on whether ‘secret’ evidence from convicted murderer Wang Yam can be heard at the European court of human rights has far wider significance.’

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The Guardian, 22nd September 2015

Source: www.guardian.co.uk

Syria drone strikes: UK attorney general refuses to disclose advice – The Guardian

‘The attorney general has refused to disclose his advice about the legality of RAF drone strikes in Syria, citing collective cabinet responsibility and the need for law officers to give “full and frank” opinions.’

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The Guardian, 16th September 2015

Source: www.guardian.co.uk

No need to scour internet when assessing whether personal data is sensitive, UK tribunal rules – OUT-LAW.com

‘Businesses are not expected to scour the internet and other sources to check whether there is any information that, when linked with personal data they hold, would mean the data they hold is in fact sensitive personal data, according to a new UK ruling.’

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OUT-LAW.com, 1st September 2015

Source: www.out-law.com

Date fixed for Lord Janner hearing – BBC News

‘A judge will decide at a hearing on 7 December whether Lord Janner, who is facing child sex abuse charges spanning three decades, is fit to plead.’

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BBC News, 1st September 2015

Source: www.bbc.co.uk

Chilcot report delays blamed on ‘vested interests’ – The Guardian

Posted September 1st, 2015 in delay, disclosure, documents, evidence, inquiries, Iraq, judges, news, reports, war by sally

‘Anger over continued delays in the publication of the report into the Iraq war has swung back against the government with allegations that “vested interests” have tried to suppress evidence.’

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The Guardian, 29th September 2015

Source: www.guardian.co.uk

Subject access request ruling could have implications for confidentiality of businesses’ internal reports, says expert – OUT-LAW.com

Posted August 28th, 2015 in data protection, disclosure, news, police by sally

‘Businesses that investigate data security incidents or potential cases of customer fraud could have greater scope to keep their internal documents secret as a result of a ruling by the High Court in London, an expert has said.’
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OUT-LAW.com, 28th October 2015

Source: www.out-law.com

Operation Motorman: Latin, Leveson and Personal Data – Panopticon

‘In Information Commissioner v Colenso-Dunne [2015] UKUT 471 (AAC), the UT was considering an appeal by the ICO concerning an order of the FTT that it disclose names of journalists that the ICO had seized during a raid on the home of Steve Whittamore in 2003. The raid was known as Operation Motorman, and it is generally supposed that Mr Whittamore, a private investigator, had a list of journalist who used his morally and legally dubious services.’

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Panopticon, 28th August 2015

Source: www.panopticonblog.com

Refusing a subject access request: proportionality, anxious scrutiny and judicial discretion – Panopticon

Posted August 26th, 2015 in burden of proof, data protection, disclosure, news, police, proportionality by sally

‘Zaw Lin and Wai Phyo v Commissioner of Police for the Metropolis [2015] EWHC 2484 (QB), a judgment of Green J handed down today, is an interesting – if somewhat fact-specific – contribution to the burgeoning body of case law on how subject access requests (SARs) made under the Data Protection Act 1998 (DPA) should be approached, both by data controllers and by courts.’

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Panopticon, 25th August 2015

Source: www.panopticonblog.com

Jeremy Bamber: Petition to release case documents – BBC News

Posted August 17th, 2015 in disclosure, documents, murder, news, police, public interest immunity by sally

‘Campaigners fighting for the release of convicted murderer Jeremy Bamber have started a petition asking for documents relating to his case to be released.’

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BBC News, 15th August 2015

Source: www.bbc.co.uk