Children: Public Law Update (October) – Family Law Week
“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”
Family Law Week, 28th October 2020
Source: www.familylawweek.co.uk
Category: disclosure
Judge: Disclosure pilot demands co-operation, not unilateral action – Litigation Futures
‘Parties in disagreement over how to proceed with disclosure under the pilot should not stop talking or engage in “point-scoring correspondence”, a judge has warned.’
Litigation Futures, 28th October 2020
Source: www.litigationfutures.com
Law Society sets out priority areas for reform that would see less need for judicial review challenges – Local Government Lawyer
‘The Law Society has called for four reforms which it says would reduce the need for citizens to resort to judicial review, in its submission to the Independent Review of Administrative Law (IRAL).’
Local Government Lawyer, 26th October 2020
Source: www.localgovernmentlawyer.co.uk
Re B: Judgment or Press Release? – Transparency Project
‘The judgment has generated some coverage in the legal and mainstream press, and some of the below the line comments suggest that at least within the legal community it has had a mixed reception. In this blog post I look at why that might be.’
Transparency Project, 19th October 2020
Source: www.transparencyproject.org.uk
Woman jailed after forging court order in bid to obtain medical records of relative subject to Court of Protection proceedings – Local Government Lawyer
‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’
Local Government Lawyer, 5th October 2020
Source: www.localgovernmentlawyer.co.uk
Changes afoot as litigators lambast disclosure pilot – Litigation Futures
‘Commercial litigators have vented their frustration – and in some cases anger – with the disclosure pilot in the Business and Property Courts, and changes to its rules have been put forward as a result of this and other feedback.’
Litigation Futures, 24th September 2020
Source: www.litigationfutures.com
Infected blood scandal: Treasury refuses to publish key documents – The Guardian
‘The Treasury is refusing to publish key documents about the treatment of haemophiliacs infected by the NHS with HIV on the grounds that it would be “disruptive” and material might be “distorted” by the media.’
The Guardian, 21st September 2020
Source: www.theguardian.com
Courts must “get a handle” on disclosure pilot costs – Litigation Futures
‘The Business and Property Courts must “get a handle” on why most solicitors believe the disclosure pilot is not producing cost savings, the professor monitoring its progress has said.’
Litigation Futures, 9th September 2020
Source: www.litigationfutures.com
UK man who murdered wife to be freed despite refusal to reveal location of body – The Guardian
‘A man who murdered his wife 35 years ago is to be released from prison despite refusing to reveal the whereabouts of her body.’
The Guardian, 8th September 2020
Source: www.theguardian.com
Campaigners start legal challenge to UK’s $1bn grant to Mozambique gas project – The Guardian
‘Environmentalists at Friends of the Earth will mount a legal challenge against the government’s decision to offer $1bn in financial support to a major fossil fuel project in Mozambique that they say is “incompatible” with the Paris climate agreement.’
The Guardian, 7th September 2020
Source: www.theguardian.com
PI solicitor struck off for “stupid” decision to forge client’s signature – Legal Futures
‘An experienced personal injury solicitor who forged his client’s signature on two court documents to progress her case “acted stupidly” and had to be struck off, a tribunal has decided.’
Legal Futures, 28th August 2020
Source: www.legalfutures.co.uk
Judge lashes out at “shameful drivel” produced in RTA claims – Litigation Futures
‘A deputy district judge lambasted law firms’ approach to low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.’
Litigation Futures, 28th August 2020
Source: www.litigationfutures.com
Christopher Alder: Legal action sought over body mix-up – BBC News
‘The sister of a man found in a mortuary 11 years after he was believed to have been buried is planning to take legal action against South Yorkshire Police.’
BBC News, 25th August 2020
Source: www.bbc.co.uk
PI Fraud: when silence can be FD – Park Square Barristers
‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’
Park Square Barristers, 3rd August 2020
Source: www.parksquarebarristers.co.uk
David Lammy: ‘Ex-offenders should have the chance of a clean slate’ – The Guardian
‘There are currently more than 11 million people in the UK with a criminal record. The latest research suggests that nearly three-quarters of ex-offenders are unemployed on release from prison, with 50% of employers saying they would not even consider hiring an ex-offender. This amounts to a second sentence for those who have already served their time, often trapping offenders in a cycle of reoffence. The Ministry of Justice estimates the total economic and social cost of reoffending at £18.1bn per year. The criminal records regime contributes to an extortionately expensive revolving door.’
The Guardian, 13th August 2020
Source: www.theguardian.com
Council must pay costs of redacting documents for journalist – Litigation Futures
‘A local authority must cover the costs of redacting court documents which are being disclosed to a freelance journalist, the High Court has ruled.’
Litigation Futures, 12th August 2020
Source: www.litigationfutures.com
POCA disclosure orders, notices and overseas recipients (Faerman v SFO): James Fletcher for Lexis Nexis – 5SAH
‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’
5SAH, 30th July 2020
Source: www.5sah.co.uk
