Documents on CEO’s personal phone should be disclosed, court rules – OUT-LAW.com

‘The terms of a contractual agreement between a CEO and his company mean material held on a personal mobile phone should be disclosed in litigation the company is involved in, the High Court of England has ruled.’

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OUT-LAW.com, 8th February 2021

Source: www.pinsentmasons.com

Domestic Abuse Bill: calls for data ‘firewall’ to protect migrant women – Law Society’s Gazette

‘The government has been urged to remove ‘blind spots’ in the Domestic Abuse Bill that could deter migrant women from reporting domestic abuse to the police for fear of being deported or enable perpetrators to control their victims.’

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Law Society's Gazette, 3rd February 2021

Source: www.lawgazette.co.uk

Case Comment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘In this post, Neil Newing and Olivia Flasch who both practice at Signature Litigation, comment upon the decision handed down by the UK Supreme Court in the matter of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. They ask: is the decision a missed opportunity?’

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UKSC Blog, 2nd February 2021

Source: ukscblog.com

Court rejects Corbyn disclosure claim in Labour suspension battle – The Guardian

‘Jeremy Corbyn has lost a legal fight to force Labour to hand over documents before a possible high court challenge against his suspension from the parliamentary party.’

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The Guardian, 27th January 2021

Source: www.theguardian.com

Reflections on Maughan: disclosure in inquests – Henderson Chambers

‘Inquests are not adversarial proceedings. However, the Supreme Court decision in Maughan (lowering the standard of proof for an inquest conclusion of ‘unlawful killing’ to the balance of probabilities) has left practitioners concerned about the ability of the coronial process to protect Interested Persons (“IPs”) from the serious reputational damage such a conclusion will inevitably cause. This article looks at one critical part of the process, namely disclosure.’

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Henderson Chambers, 19th January 2021

Source: www.hendersonchambers.co.uk

Solicitor fined for failing to disclose counsel’s opinions to ATE insurer – Litigation Futures

‘An experienced solicitor who failed to disclose two counsel’s opinions on a case to an after-the-event (ATE) insurer, one of them assessing chances of success at less than 50%, has been fined £8,000.’

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Litigation Futures, 27th January 2021

Source: www.litigationfutures.com

Police force wins appeal over sharing of information about teenager with local crime reduction partnership – Local Government Lawyer

Posted January 22nd, 2021 in appeals, data protection, disclosure, judicial review, news, police, privacy, young persons by sally

‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

One day late acceptance of part 36 offer puts costs in play – Legal Futures

‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’

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Legal Futures, 21st January 2021

Source: www.litigationfutures.com

Assange cannot be extradited, but free speech arguments dismissed — an extended look – UK Human Rights Blog

‘In The Government of the United States v Julian Assange (2021), the District Judge sitting at Westminster Magistrates’ Court discharged the American extradition request against the founder of WikiLeaks because there is a substantial risk that he would commit suicide. Given Julian Assange’s political notoriety as an avowed whistle-blower, however, the judgment is significant for its dismissal of the defence’s free speech arguments. This article analyses why these human rights submissions were unsuccessful.’

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UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

Email attachments are not privileged just because message is – Legal Futures

Posted January 21st, 2021 in appeals, disclosure, electronic mail, news, privilege, Supreme Court by sally

‘The Supreme Court has refused to interfere in a ruling that legal professional privilege (LPP) which covers an email does not extend to any attachments.’

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Family Division judge sets out future lessons for non-notification cases after dismissing application by local authority – Local Government Lawyer

Posted January 19th, 2021 in adoption, disclosure, local government, news, notification, paternity by sally

‘A High Court judge has set out lessons for the future in non-notification cases, after refusing to endorse a local authority’s decision not to disclose the existence of a 10-month-old boy to his father.’

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Local Government Lawyer, 18th January 2021

Source: www.localgovernmentlawyer.co.uk

Breaching Legal Advice Privilege – Family Law Week

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

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Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements of case and Lists of Issues for Disclosure in applications to vary an order for Extended Disclosure under the Disclosure Pilot Scheme – Hardwicke Chambers

‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’

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Hardwicke Chambers, 8th January 2021

Source: hardwicke.co.uk

Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers

‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’

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Exchange Chambers, 4th January 2021

Source: www.exchangechambers.co.uk

Julian Assange: Wikileaks founder extradition to US blocked by UK judge – BBC News

Posted January 4th, 2021 in disclosure, extradition, mental health, news, suicide, whistleblowers by sally

‘Wikileaks founder Julian Assange cannot be extradited to the United States, a court in London has ruled.’

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BBC News, 4th January 2021

Source: www.bbc.co.uk

Recommendations for the probity of computer evidence – Digital Evidence and Electronic Signature Law Review

Posted December 18th, 2020 in computer programs, disclosure, electronic filing, evidence, news, postal service by sally

‘This paper sets out recommendations for a two stage disclosure process in an attempt to avoid the problems with disclosure of computer data/material in court proceedings, problems that have been exposed in two cases in England: the Post Office Horizon scandal, and the case of the nurses in R v Cahill, R v Pugh.’

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Digital Evidence and Electronic Signature Law Review, 18 (2021), 18-25, 15 December 2020

Source: journals.sas.ac.uk

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

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Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com

New criminal record disclosure rules take effect – UK Human Rights Blog

‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’

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UK Human Rights Blog, 1st December 2020

Source: ukhumanrightsblog.com

Guildford pub bomb police took action to keep files closed – BBC News

‘The police force investigating the Guildford pub bombs has been accused of a conflict of interest after it took legal action to keep archives closed. More than 700 files on the 1974 IRA bombs had been due to open this year but were retained by the Home Office. Inquest papers have shown Surrey Police applied for the files to stay closed.’

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BBC news, 2nd December 2020

Source: www.bbc.co.uk

International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

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Litigation Futures, 30th November 2020

Source: www.litigationfutures.com