Category: documents

Preservation of Evidence and Misconduct During Employment: Is the Law Right? – Littleton Chambers

Posted November 9th, 2016 in confidentiality, disclosure, documents, employment, news, wrongful dismissal by sally

‘An employee believes that the working relationship with her employer is breaking down. She anticipates future disputes about a bonus, and any imminent future termination. Wanting to ensure that she has key documents available in case she needs to seek advice or prove a future claim, she emails some of them – including confidential documents – to a hotmail account. Has she done anything wrong?’

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Littleton Chambers, 4th October 2016

Source: www.littletonchambers.com

Police forces ‘overwhelmed’ by digital evidence, watchdog finds – BBC News

Posted November 3rd, 2016 in documents, electronic mail, evidence, internet, news, police, telecommunications by sally

‘Some police forces in England and Wales risk being “overwhelmed” by the volume of digital evidence being collected, the police watchdog has warned.’

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BBC News, 3rd November 2016

Source: www.bbc.co.uk

Government forced to release ‘secret arguments’ for triggering Article 50 ahead of anti-Brexit legal challenge – The Independent

Posted September 29th, 2016 in brexit, constitutional reform, disclosure, documents, EC law, news, parliament, referendums by sally

‘A legal bid challenging Brexit has secured its first major success ahead of a High Court hearing. A senior judge has ordered the Government to reveal ‘secret’ legal arguments which it says means parliament does not have to be consulted on when to trigger Article 50. The decision has been heralded a major victory as a series of legal challenges trying to block Brexit are beginning.’

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The Independent, 28th September 2016

Source: www.independent.co.uk

Couple told they must adopt own baby after failing to check tick box on form – The Independent

Posted August 30th, 2016 in adoption, assisted reproduction, documents, news, parental responsibility by sally

‘A centimetre of ink” nearly came between a couple and their child when the pair were told by a hospital they would have to adopt their child after failing to cross a tick box on a fertility treatment form.’

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The Independent, 29th August 2016

Source: www.independent.co.uk

An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

Posted August 24th, 2016 in civil procedure rules, compensation, costs, damages, disclosure, documents, employment, health & safety, news, personal injuries, pre-action conduct by sally

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

Linklaters escapes ‘unprecedented’ disclosure order – Law Society’s Gazette

Posted August 1st, 2016 in compensation, demonstrations, disclosure, documents, electronic mail, law firms, miners, news by Mark L

‘The High Court has decided against making what would have been an unprecedented order in relation to e-disclosure in an action brought over the behaviour of a mining company in Peru.’

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Law Society’s Gazette, 29th July 2016

Source: www.lawgazette.co.uk

Predictive coding – the current landscape – Hardwicke Chambers

Posted July 26th, 2016 in case management, civil procedure rules, computer programs, costs, disclosure, documents, news by sally

‘Disclosure of documents is a significant driver of costs. Where the relevant documents are electronic, the problem is usually exacerbated. This is simply because the vast majority of documents are now created electronically and the proliferation and storage capacity of day-to-day IT equipment is such that the amount of information available may be enormous.’

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Hardwicke Chambers, 21st July 2016

Source: www.hardwicke.co.uk

The digital drive – Counsel

Posted July 13th, 2016 in civil justice, computer programs, courts, criminal justice, dispute resolution, documents, internet, news, statistics by sally

‘Catherine Baksi considers whether lawyers, judges, courts and clients are ready for a digital revolution, the drivers for change, and impact on access to justice.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

‘Avoiding Too Narrow a Focus on Relief from Sanctions’ – Littleton Chambers

Posted July 12th, 2016 in appeals, disclosure, documents, evidence, news, sanctions by sally

‘Ashley Cukier considers the decision in McTear and another v Engelhard and others [2016] EWCA Civ 487, the successful appeal of a first instance judgment handed down after Mitchell but before Denton.’

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Littleton Chambers, 9th July 2016

Source: www.littletonchambers.com

Another door closes for the Chagossians – UK Human Rights Blog

Posted July 6th, 2016 in appeals, armed forces, Chagos Islands, disclosure, documents, environmental protection, fisheries, news, Supreme Court by Mark L

‘In R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, the Supreme Court last week dismissed the attempt to set aside the House of Lord’s controversial 2008 decision in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61. The challenge was grounded in the disclosure of documents in the parallel proceedings of Bancoult No 3 relating to the reliability of a feasibility study into the long term viability of settlement in Chagos Islands.’

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UK Human Rights Blog, 6th July 2016

Source: www.ukhumanrightsblog.com

Party penalised in case ‘crying out’ for sensible negotiation – Law Society’s Gazette

Posted June 27th, 2016 in costs, disclosure, dispute resolution, documents, evidence, news by sally

‘The High Court has sent a strong message about non-disclosure and failing to negotiate by penalising a party over costs.’

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Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

Court sanctions party that failed to paginate its bundles properly – Litigation Futures

Posted June 16th, 2016 in case management, costs, documents, law firms, news, sanctions, solicitors by sally

‘A party’s failure to provide a properly paginated bundle to the High Court has led to the adjournment of key parts of its application for summary judgment and a costs order.’

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Litigation Futures, 14th June 2016

Source: www.litigationfutures.com

From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

Posted June 13th, 2016 in appeals, benefits, county courts, damages, deposits, documents, fraud, harassment, housing, landlord & tenant, local government, news, notification, rent, repossession, statutory demands by sally

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

Hillsborough: the key lessons for our justice system – Law Society’s Gazette

Posted June 9th, 2016 in Administrative Court, barristers, bereavement, coroners, disclosure, documents, families, human rights, inquests, news, police, professional conduct, solicitors, sport, time limits, unlawful killing by sally

‘What can lawyers learn from the tortuous 27-year struggle for justice?

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Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

CPS will not bring charges against MI6 over rendition of Libyan families – The Guardian

Posted June 9th, 2016 in Crown Prosecution Service, documents, evidence, inquiries, intelligence services, kidnapping, Libya, news, police, terrorism, torture by sally

‘Prosecutors are set to announce that they are bringing no charges following a police investigation into MI6’s involvement in the kidnapping of two families who were “rendered” to the late Libyan dictator Muammar Gaddafi’s prisons, despite protests by the victims and their lawyers that the evidence against the agency is overwhelming.’

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The Guardian, 8th June 2016

Source: www.guardian.co.uk

Evidential flexibility policy is additional to the provisions of the Immigration Rules – Free Movement

Posted May 11th, 2016 in appeals, documents, evidence, immigration, news by sally

‘In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 426.’

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Free Movement, 11th May 2016

Source: www.freemovement.org.uk

High Court orders solicitors to cease acting for client – Litigation Futures

Posted May 10th, 2016 in conflict of interest, documents, law firms, news, privilege, solicitors by sally

‘The High Court has ordered international law firm Dechert to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’

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Litigation Futures, 9th May 2016

Source: www.litigationfutures.com

Bill forcing people to prove nationality slammed as discriminatory – The Guardian

Posted May 5th, 2016 in bills, documents, immigration, news, passports, police, race discrimination by sally

‘Government measures making people prove their nationality or face prosecution risk damaging community relations and are discriminatory, critics have warned.’

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The Guardian, 4th May 2016

Source: www.guardian.co.uk

Refugee held illegally after Home Office refused to believe he was 16 – The Guardian

Posted May 4th, 2016 in asylum, children, detention, documents, identification, immigration, judicial review, news, refugees by sally

‘Call for investigation into case of Syrian boy who was locked up for almost a month despite having documents proving identity.’

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The Guardian, 4th May 2016

Source: www.guardian.co.uk

Hillsborough inquest timeline: the long wait for justice – The Guardian

Posted April 27th, 2016 in accidents, bereavement, civil justice, coroners, criminal justice, Crown Prosecution Service, disciplinary procedures, disclosure, documents, duty of care, evidence, families, inquests, inquiries, judicial review, juries, media, negligence, news, police, private prosecutions, professional conduct, prosecutions, sport, unlawful killing by sally

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk