New rules to tackle ‘monster’ of civil disclosure – Law Society’s Gazette

Posted November 6th, 2017 in civil justice, disclosure, dispute resolution, documents, news, pilot schemes by tracey

‘Parties in civil litigation will have to persuade a court if they want disclosure to encompass more than just certain key documents, under plans for reforming ‘monster’ levels of disclosure.’

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Law Society's Gazette, 3rd November 2017

Source: www.lawgazette.co.uk

Fraud may justify ‘collateral use’ of documents in multiple sets of civil proceedings, court rules – OUT-LAW.com

‘The “strong public interest” in pursuing claims for fraud, bribery and corruption may justify allowing the use of documents obtained in one set of legal proceedings in a different set of proceedings, the High Court has ruled.’

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OUT-LAW.com, 3rd November 2017

Source: www.out-law.com

Online divorce extended in £1bn justice system shake-up – The Guardian

Posted October 31st, 2017 in divorce, documents, electronic filing, internet, news by sally

‘All married couples will be able to apply for a divorce online as part of a £1bn change to the justice system.’

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The Guardian, 31st October 2017

Source: www.theguardian.com

High Court: TV formats can be protected by copyright even if elements of the shows are spontaneous or changeable – OUT-LAW.com

Posted October 27th, 2017 in confidentiality, copyright, documents, media, news, statutory interpretation by sally

‘Media companies that create TV game or quiz shows can win copyright protection for the format of those programmes in certain circumstances, the High Court in London has ruled.’

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OUT-LAW.com, 26th October 2017

Source: www.out-law.com

Anarchist Cookbook case: Student Joshua Walker cleared – BBC News

Posted October 27th, 2017 in documents, news, terrorism by sally

‘A student has been cleared of having a copy of terrorism manual The Anarchist Cookbook in a drawer under his bed.’

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BBC News, 26th October 2017

Source: www.bbc.co.uk

NHS data loss scandal deepens with further 162,000 files missing – The Guardian

Posted October 17th, 2017 in data protection, documents, health, hospitals, news by tracey

‘The scandal over the biggest ever loss of NHS medical correspondence has deepened with the revelation that a further 162,000 documents went missing, in addition to the 702,000 pieces of paperwork already known to have gone astray.’

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The Guardian, 16th October 2017

Source: www.theguardian.com

UK government pushes for compliance with Modern Slavery Act – OUT-LAW.com

‘The UK government has amended its guidance over how companies and other organisations should show they have taken steps to ensure modern slavery is not taking place in their business and supply chains.’

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OUT-LAW.com, 9th October 2017

Source: www.out-law.com

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

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Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Law firm faces £68,000 VAT bill after tribunal rules electronic property search fees are not disbursements – Legal Futures

‘A leading north-west law firm has been ordered to pay £68,000 in VAT for electronic local authority property searches it procured from an agency, after a tribunal ruled that they should not have been treated as disbursements.’

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Legal Futures, 18th September 2017

Source: www.legalfutures.co.uk

Deadline day dispute after claimant serves in final moments – Law Society’s Gazette

Posted September 13th, 2017 in civil procedure rules, documents, news, service, time limits by tracey

‘The High Court has made yet another attempt to clarify rules around service of claim after a dispute over deadlines in a personal injury case.’

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Law Society's Gazette, 13th September 2017

Source: www.lawgazette.co.uk

Thanks a bundle! 2,000 pages of ‘largely irrelevant’ trial papers infuriate judge – Law Society’s Gazette

Posted September 12th, 2017 in case management, costs, documents, judges, news by tracey

‘The High Court has sent a blunt message to litigators that excessive trial bundles are unnecessary and counter-productive.’

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Law Society's Gazette, 11th September 2017

Source: www.lawgazette.co.uk

Database rights can subsist in PDFs, rules High Court – OUT-LAW.com

‘A PDF version of a document can constitute a database and information contained in it can be protected by database rights, the High Court in London has ruled.’

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OUT-LAW.com, 8th September 2017

Source: www.out-law.com

Use of cloud-based communications raises challenges over compliance with FOI laws, says watchdog – OUT-LAW.com

‘The use of cloud-based communications tools by employees of public sector bodies presents challenges over the way those organisations comply with freedom of information (FOI) laws in the UK, the information commissioner has said.’

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OUT-LAW.com, September 2017

Source: www.out-law.com

Couple suing previous owners of house claim Facebook post proves they hid a flooding problem – Daily Telegraph

Posted September 4th, 2017 in damages, documents, home information packs, housing, internet, news, rescission, sale of land by sally

‘A couple whose garden has repeatedly flooded are suing the previous owners, claiming a Facebook photograph proves they were aware of the problem but failed to highlight it.’

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Daily Telegraph, 3rd September 2017

Source: www.telegraph.co.uk

Consistory court evidence or “Call My Bluff”: Episode 1 – Law & Religion UK

Posted August 30th, 2017 in Church of England, courts, documents, ecclesiastical law, evidence, judgments, news by sally

‘In our monthly reviews of consistory court judgments, it is not uncommon to encounter assertions in the submissions of petitioners, the amenity societies, and even “experts” which are less than robust. However, in this ecclesiastical variant on “Call My Bluff“, the Chancellor/Commissary-General invariably sees through the weasel words, exaggerations &c, and the published judgments reveal how the perpetrators are diplomatically taken to task, as appropriate. However, whilst statements made on checkable facts are easy to identify, those that transcend the binary “true or bluff” question to matters of opinion or the assessment of a particular “expert” are more complex to assess. The following discussion includes a number of examples on which future petitioners might wish to ponder.’

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Law & Religion UK, 30th August 2017

Source: www.lawandreligionuk.com

Don’t reject legal aid application with ‘tick-box’ letter, judge says – Law Society’s Gazette

Posted August 25th, 2017 in documents, expert witnesses, fees, judges, judgments, legal aid, news by sally

‘A family judge has told the Legal Aid Agency not to issue a letter ‘almost akin to a tick-box form’ should it refuse to pay an expert’s fee in a case involving a three-month old boy at the centre of care proceedings.’

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Law Society's Gazette, 24th August 2017

Source: www.lawgazette.co.uk

Protecting/Exposing Confidential Documents – Blackstone Chambers

‘In this paper, presented at the recent Blackstone Chambers Employee Competition Seminar, Kerenza Davis addresses the tricky issue of protecting confidential documents when litigating in the areas of employee competition.’

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Blackstone Chambers, 19th July 2017

Source: www.employeecompetition.com

Court orders injunction against party that sought to use privileged document disclosed by error – Litigation Futures

Posted August 22nd, 2017 in disclosure, documents, injunctions, news, privilege by sally

‘The High Court has granted an injunction against a party that was well aware that a document it was using was a privileged letter accidentally disclosed by the other side.’

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Litigation Futures, 22nd August 2017

Source: www.litigationfutures.com

Master calls on rules committee to solve riddle of the costs of budgeting – Litigation Futures

Posted August 16th, 2017 in budgets, civil procedure rules, costs, documents, judges, news by sally

‘A High Court Master has called on the Civil Procedure Rules Committee (CPRC) to resolve the “tension” between the need to “spell out in the eventual bill” the costs of costs budgeting and to include them in Precedent H.’

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Litigation Futures, 16th August 2017

Source: www.litigationfutures.com

DIY divorce form could lead to more adultery accusations, lawyers warn – Daily Telegraph

Posted August 14th, 2017 in divorce, documents, family courts, news by sally

‘A new “DIY” divorce form designed to speed up the process could lead to thousands more people being accused of adultery, lawyers warn.’

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Daily Telegraph, 10th August 2017

Source: www.telegraph.co.uk