Righting wrongs: interview with Martin Forde QC – Counsel

‘One year on from the launch of the Windrush compensation scheme, the silk who oversaw its design talks to Natasha Shotunde about the scandal, British attitudes to migration and citizenship, and misconceptions holding applicants back from rightful compensation.’

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Counsel, June 2020

Source: www.counselmagazine.co.uk

Libel judge issues “wasteful” bundles warning – Litigation Futures

Posted June 1st, 2020 in case management, defamation, documents, media, news, proportionality by sally

‘It should not be necessary for the court to make express directions as to what should be included in a hearing bundle but failures to collate them properly may force them to, a High Court judge has warned.’

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Litigation Futures, 1st June 2020

Source: www.litigationfutures.com

Windrush scandal: only 60 victims given compensation so far – The Guardian

‘Only 60 people have received Windrush compensation payments during the first year of the scheme’s operation, with just £360,000 distributed from a fund officials expected might be required to pay out between £200m and £500m.’

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The Guardian, 28th May 2020

Source: www.theguardian.com

A dog’s breakfast; defective trust instruments rescued – Bowack v Saxton [2020] EWHC 1049 (Ch) – New Square Chambers

Posted June 1st, 2020 in chambers articles, documents, news, trusts by sally

‘In 2013 the Claimants paid £750,000 to establish two discretionary trusts containing AXA offshore bonds in the Isle of Man. In a meeting with a financial planner from Hargreaves Lansdown, they both executed standard form declarations of trust intended to appoint themselves and their daughter as trustees, and their daughter as principal beneficiary.’

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New Square Chambers, 26th May 2020

Source: www.newsquarechambers.co.uk

General guidance on PDF bundles – St John’s Chambers

Posted May 29th, 2020 in case management, computer programs, documents, electronic filing, news by sally

‘Mr Justice Mann, Judge in charge of Live Services, has issued guidance to judges today about PDF bundles. The guidance applies to all courts, but not to tribunals.’

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St John's Chambers, 20th May 2020

Source: www.stjohnschambers.co.uk

Guildford pub bombings inquest can access closed files – BBC News

Posted May 21st, 2020 in disclosure, documents, explosives, inquests, news, terrorism, witnesses by sally

‘The resumed inquest into the Guildford pub bombs in 1974 will have access to more than 700 classified files, a pre-inquest review (PIR) has been told.’

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BBC News, 20th May 2020

Source: www.bbc.co.uk

Court issues guidance on e-bundles for short applications – Litigation Futures

Posted May 12th, 2020 in coronavirus, documents, electronic filing, news, time limits by sally

‘Counsel presenting short applications should be “retained in sufficient time” to enable them to advise on the contents of the electronic bundle, the High Court has recommended.’

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Litigation Futures, 12th May 2020

Source: www.litigationfutures.com

Client “must not select documents” for disclosure – Litigation Futures

Posted May 7th, 2020 in disclosure, documents, news, practice directions, solicitors by sally

‘It is “fundamental” to the disclosure duties of solicitors that clients are not allowed to select relevant documents, the High Court has stressed.’

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Litigation Futures, 6th May 2020

Source: www.litigationfutures.com

Solicitor’s Duty When Redacting Documents: Infederation Ltd v Google LLC [2020] EWHC 657 (Ch) – Blackstone Chambers

Posted April 24th, 2020 in chambers articles, confidentiality, disclosure, documents, news, solicitors by sally

‘It is often the case that documents that must be disclosed in proceedings contain confidential information. Clients are understandably concerned to take all appropriate steps to safeguard the confidentiality of disclosed documents. This is particularly the case where the purpose of the proceedings is the protection of confidential information, such as the enforcement of a non-compete restrictive covenant or duty of confidence. The courts have recognised a number of legitimate techniques to limit the disclosure of confidential information in such circumstances. These include confidentiality rings and the redaction of documents. Both were considered in the recent case of Infederation v Google in which the High Court gave important guidance to solicitors in their approach to redaction of documents on grounds of confidentiality.’

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Blackstone Chambers, 21st April 2020

Source: www.employeecompetition.com

UK voter ID plan disenfranchises the poor, appeal court told – The Guardian

Posted April 24th, 2020 in appeals, documents, elections, equality, identification, news by sally

‘Pilot schemes requiring voters to produce photo ID at polling stations disenfranchise those who do not have or cannot find their documents and alienate people from the democratic process, the court of appeal has been told.’

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The Guardian, 23rd April 2020

Source: www.theguardian.com

Covid-19: FAQs on electronic signatures and e-signing – The 36 Group

Posted April 21st, 2020 in chambers articles, contracts, coronavirus, documents, electronic filing, news by sally

‘An electronic signature is data in electronic form which is attached to or logically associated with other data in electronic form, and which is used by a signatory to sign.’

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The 36 Group, 15th April 2020

Source: 36group.co.uk

Witnessing an Execution: What Does s1 of the Law of Property (Miscellaneous Provisions) Act 1989 Require Today? – Falcon Chambers

Posted April 21st, 2020 in chambers articles, documents, electronic filing, internet, news, wills by sally

‘There have been two recent thought-provoking articles on whether documents which require a signature to be witnessed (that is, wills and deeds) can be witnessed either “virtually” in real-time (with attestation[1] by the witness on a separate counterpart simultaneously, with the execution being observed online) or after the event (with the execution being witnessed online, and the document then being posted to and subsequently attested by the witness).’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Value Based Charging and Electronic Disclosure – Ropewalk Chambers

‘Practice Direction 31A of the CPR 1998 contemplates specifically that disclosure of electronic documents may be carried out by using keyword or other automated searches.’

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Ropewalk Chambers, 6th April 2020

Source: www.ropewalk.co.uk

Court of Appeal upholds order for disclosure to police of documents filed in care proceedings – Local Government Lawyer

Posted April 9th, 2020 in appeals, care orders, child cruelty, children, disclosure, documents, families, news by sally

‘The Court of Appeal has rejected a father’s appeal against an order for the disclosure of certain documents filed in childcare proceedings.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Company must disclose documents held by subsidiaries – Litigation Futures

‘A company must disclose documents held by its subsidiaries and which it controls, the High Court has ruled, in a case handled under the disclosure pilot.’

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Litigation Futures, 6th April 2020

Source: www.litigationfutures.com

Junior solicitor who lied about lost documents struck off – Legal Futures

‘A junior solicitor at the Solicitors Regulation Authority’s (SRA) external advisers Capsticks lied about losing documents she was working on while acting for the regulator in a data protection case.’

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Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

Carol Harlow: Windrush: Lessons learned or perhaps not? – UK Constitutional Law Association

‘On 19 March, screened by the draft Corona: Defence of the Realm Bill, the long awaited Windrush: Lessons Learned Report (hereafter Lessons Learned) was published. For those who have missed out on the considerable publicity generated by the Windrush Generation scandal, a short account is in order. The Windrush Generation broadly comprises Commonwealth citizens who have indefinite leave to remain in the UK or “settled status” on the basis of having settled in the UK before 1973 when the Commonwealth Immigration Act 1971 came into force, and not since 1988 having left the UK for more than two years. Many of these elderly British citizens were unable to prove their right to live here to the satisfaction of the Home Office (perhaps because they entered the country on a parent’s passport or had lost their papers in the ensuing forty-odd years since their arrival). These unfortunate “surprised Brits” were denied healthcare, welfare benefits, pensions, lost their settled housing and long-term jobs, were taken into detention and even deported. They had become victims of the so-called “hostile environment” policy, a set of measures introduced in 2012 by Theresa May when Home Secretary with a view to making life as difficult as possible in the UK for people with no legal status to encourage them to leave. The measures were defended at the time by Theresa May, then Home Secretary, and incorporated into the Immigration Act 2014.’

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UK Constitutional Law Association, 6th April 2020

Source: ukconstitutionallaw.org

Expert Evidence: A Cautionary Tale – Exchange Chambers

‘On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally valid if used in commercial and consumer documents. This declaration followed a Law Commission report, published in September last year, that looked at the electronic execution of documents, including deeds.’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers

‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’

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Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

R (Christie Elan-Cane) v Secretary of State for the Home Department – Blackstone Chambers

‘The Court of Appeal has handed down judgment in an appeal brought by a non-gendered person, Christie Elan-Cane, challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female.’

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Blackstone Chambers, 10th March 2020

Source: www.blackstonechambers.com