Electronic disclosure in England and Wales – OUT-LAW.com
‘Electronically stored information (ESI) is crucial to resolving your disputes and complying with your disclosure obligations.’
OUT-LAW.com, 4th October 2022
Source: www.pinsentmasons.com
Category: disclosure
Rikki Neave police ‘ignored scientific evidence’ – BBC News
‘Six-year-old Rikki Neave disappeared after leaving home for school in November 1994 – his body was discovered the following day. A BBC investigation has found that police ignored scientific evidence to build a case against his mother, leaving his killer free for more than 20 years.’
BBC News, 3rd October 2022
Source: www.bbc.co.uk
Online platforms face likely Digital Services Act disclosure deadline of February 2023 OUT-LAW.com
‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’
OUT-LAW.com, 15th September 2022
Source: www.pinsentmasons.com
Cambridge Symposium on Economic Crime – Crown Prosecution Service
‘DPP Max Hill’s speech to the Cambridge Symposium on Economic Crime.’
Crown Prosecution Service, 5th September 2022
Source: www.cps.gov.uk
Disclosure: a guide to seeking Norwich Pharmacal orders – OUT-LAW.com
‘A Norwich Pharmacal Order (NPO) is a disclosure order available in England and Wales which allows information to be obtained from third parties who have become ‘mixed up’ in wrongdoing, helping victims to investigate, pursue those ultimately responsible and recover their losses.’
OUT-LAW.com, 25th August 2022
Source: www.pinsentmasons.com
Firm fails in bid for injunction to stop use of letter it disclosed in error – Legal Futures
‘The High Court has refused a leading law firm an injunction to stop an opposing party making a use of a document it disclosed by mistake that cast doubt on an expert’s independence.’
Legal Futures, 26th August 2022
Source: www.legalfutures.co.uk
Rwanda asylum plan: UK ministers partially lose Rwanda secrecy bid – BBC News
‘Ministers have partially lost an attempt to keep secret a series of comments about Rwanda from an adviser.’
BBC News, 17th August 2022
Source: www.bbc.co.uk
Some reflections on the new world order – Practical Law: Construction Blog
‘In the Business and Property Courts (B&PCs), Practice Direction (PD) 57AC has applied to all trial witness statements signed since 6 April 2021. The commencement date of the Disclosure Pilot Scheme (under PD 51U), was 1 January 2019. However, it has been approved and will become permanent from 1 October 2022 (under PD 57AD).
I want to share a few reflections, based on recent experience, around how the rules in these two Practice Directions can interact at trial.’
Practical Law: Construction Blog, 3rd August 2022
Crackdown on corrupt elites abusing UK legal system to silence critics – Ministry of Justice
‘The Deputy Prime Minister Dominic Raab has today (20 July 2022) set out a package of measures that take aim at so-called “Strategic Lawsuits Against Public Participation” (SLAPPs).’
Ministry of Justice, 20th July 2022
Source: www.gov.uk
MoJ considers £5,000 costs cap to protect defendants against SLAPPs – Legal Futures
‘The Ministry of Justice (MoJ) has suggested that people defending themselves from strategic lawsuits against public participation (SLAPPs) could be protected by a £5,000 costs cap.’
Legal Futures, 22nd July 2022
Source: www.legalfutures.co.uk
Serious farce: SFO slammed over Unaoil case as third conviction quashed – Law Society’s Gazette
‘The Serious Fraud Office must prevent third parties having ‘direct access’ to the watchdog’s director and ensure all prosecutions have an “effective disclosure strategy”, a review into the calamitous Unaoil bribery case recommended today – as a third man jailed after the investigation had his name cleared.’
Law Society's Gazette, 21st July 2022
Source: www.lawgazette.co.uk
Domestic Violence Disclosure Scheme guidance published – Family Law
‘The Domestic Violence Disclosure Scheme (DVDS), often referred to as “Clare’s Law”, was implemented across all police forces in England and Wales in March 2014. It means members of the public can ask the police for information on their partner’s criminal history and therefore know if their partner poses a risk to them.’
Family Law, 27th May 2022
Source: www.familylaw.co.uk
CPS guidance ‘makes things worse’ for rape survivors, victims’ commissioner says – The Guardian
‘New guidance designed to give rape victims confidence to get therapy before their trial “makes things worse” for survivors and lessened their protections, according to the victims’ commissioner, Vera Baird.’
The Guardian, 26th May 2022
Source: www.theguardian.com
New rules to protect sex assault victims’ privacy – BBC News
‘Victims of sexual offences have been promised less invasion into their private lives under changes to how evidence is gathered for trials.’
BBC News, 26th May 2022
Source: www.bbc.co.uk
Legal professional privilege in the UK – OUT-LAW.com
‘If a document is privileged, the basic position is it can be withheld from third parties.’
OUT-LAW.com, 13th May 2022
Source: www.pinsentmasons.com
Identity of person instructing solicitors not covered by privilege – Legal Futures
‘The High Court has rejected a company’s claim to litigation privilege over the identity of who instructed its lawyers.’
Legal Futures, 16th May 2022
Source: www.legalfutures.co.uk
Appeal court deprecates “act of deliberate concealment” by party – Legal Futures
‘Civil litigation should be conducted “with cards on the table – face up” and the courts should not “sanction an act of deliberate concealment” by one of the parties, appeal judges have ruled.’
Legal Futures, 10th May 2022
Source: www.legalfutures.co.uk
Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer
‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’
Local Government Lawyer, 5th May 2022
Source: www.localgovernmentlawyer.co.uk
Actor Ricky Tomlinson opposing bid to have ‘hacking’ claim thrown out of court – The Independent
‘Actor Ricky Tomlinson has described an attempt by a newspaper publisher to have his claim against it over unlawful information gathering thrown out of court as “outrageous and disgusting”.’
The Independent, 28th April 2022
Source: www.independent.co.uk
