Witness statements in England and Wales – OUT-LAW.com

Posted May 30th, 2024 in documents, evidence, news, witnesses by sally

‘A witness statement is a written formal document used in litigation in the courts of England and Wales. A witness statement contains a person’s truthful own account of facts relating to issues arising in a dispute, which are within that person’s personal knowledge.’

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OUT-LAW.com, 29th May 2024

Source: www.pinsentmasons.com

The Basic Art of the Perfect Bundle – Pump Court Chambers

Posted May 22nd, 2024 in chambers articles, civil procedure rules, documents, news by sally

‘The provision and content of a bundle can make or break a trial. That might sound overly dramatic for something which on its face is a purely administrative task but a well-constructed and tactically considered bundle can make all the difference. A perfect bundle allows the advocate to seamlessly direct a Judge or witness to the relevant evidence. It allows documents to be compared where needed and ensures that all evidence can be read and understood by those involved in the trial or hearing.’

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Pump Court Chambers, 30th April 2024

Source: www.pumpcourtchambers.com

Service of prescribed documents – deemed or actual? – Nearly Legal

‘This is a note of a county court appeal on the issue of whether Section 7 Interpretation Act 1978 applied to the prescribed documents required to be given to the tenant before service of a section 21 notice – EPC, GSC, How to Rent Guide. This judgment is of particular interest because permission to appeal to the Court of Appeal has been given, so this will (eventually) be a matter for Court of Appeal authority.’

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Nearly Legal, 6th May 2024

Source: nearlylegal.co.uk

An assessment of the reliability requirement in the Electronic Trade Documents Act – The 36 Group

Posted April 24th, 2024 in chambers articles, documents, electronic commerce, news by sally

‘On 20 September 2023 the Electronic Trade Documents Act (ETDA) came into force. Formerly, in English law, document possession usually required physical possession. Now, the ETDA allows for “electronic trade documents” to be treated as equivalent to traditional “paper trade documents”, if they meet certain “gateway” criteria underpinned by a “reliable system”. In this article, we consider how the English courts are likely to approach interpretating this reliability requirement. Would any flaw in the system, no matter how short-lived and abnormal, render it unreliable? Or would a more detailed systemic analysis be needed? If so, what would that look like?’

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The 36 Group, 12th April 2024

Source: 36group.co.uk

Suspension for barrister who lied to client over binned files – Legal Futures

Posted April 23rd, 2024 in barristers, disciplinary procedures, documents, news by sally

‘A direct access barrister who lied to a client over files that were accidentally destroyed by his chambers has been suspended for six months by a Bar disciplinary tribunal.’

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Legal Futures, 23rd April 2024

Source: www.legalfutures.co.uk

Contempt and use of documents in CDM proceedings – Law & Religion UK

‘Further to the Tribunal Decision The Revd Canon Richard Peers, 21 March 2024, de Mestre Ch. issued a Ruling on paragraph 309 Clergy Discipline Measure 2003: Code of Practice concerning the possession and use of documents relating to the proceedings by third parties and the provision of these documents to them by the Complainant, 8 April 2024.’

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Law & Religion UK, 11th April 2024

Source: lawandreligionuk.com

UK court decision provides clarity on scope of litigation privilege – OUT-LAW.com

Posted February 12th, 2024 in appeals, disclosure, documents, fraud, legal profession, news, privilege by sally

‘A recent Court of Appeal judgment provides useful clarity that non-parties can be entitled to the protection of litigation privilege, an expert has said.’

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OUT-LAW.com, 8th February 2024

Source: www.pinsentmasons.com

Nigeria wins arbitration award fight against P&ID as judgment referred to regulators over lawyers’ conduct – Law Society’s Gazette

‘A High Court judgment naming lawyers involved in an arbitration award under which Nigeria was ordered to pay a sum equal to its entire federal budget is to be sent to legal regulators, a judge ordered today.’

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Law Society's Gazette, 23rd October 2023

Source: www.lawgazette.co.uk

Tom Hickman KC: Candour Inside-Out: Disclosure in Judicial Review – UK Constitutional Law Association

‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’

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UK Constitutional Law Association, 16th October 2023

Source: ukconstitutionallaw.org

New Act – legislation.gov.uk

Posted August 3rd, 2023 in documents, electronic commerce, legislation by michael

2023 c.38 – Electronic Trade Documents Act 2023

Source: www.legislation.gov.uk

High Court removes privilege in fraud claim involving top law firm – Legal Futures

Posted August 2nd, 2023 in disclosure, documents, fraud, insolvency, law firms, legal profession, news, privilege by sally

‘Legal professional privilege should not apply in a case where there is a “very good arguable case” that a client used global firm DLA Piper’s services to assist a fraud, the High Court has ruled.’

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Legal Futures, 2nd August 2023

Source: www.legalfutures.co.uk

Law Commission recommendations to allow for electronic trade documents implemented in Electronic Trade Documents Act 2023 – Law Commission

‘On Thursday 20 July, the Law Commission’s recommendations on electronic trade documents became law as the Electronic Trade Documents Act 2023 secured royal assent.’

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Law Commission, 20th July 2023

Source: www.lawcom.gov.uk

Court orders ministers to hand Boris Johnson’s WhatsApps to Covid inquiry – The Guardian

‘Ministers have been ordered to hand over an unredacted cache of documents including Boris Johnson’s WhatsApp messages, notebooks and diaries to the Covid inquiry after losing a legal challenge.’

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The Guardian, 6th July 2023

Source: www.theguardian.com

UK high court to look at legal battle over WhatsApp evidence for Covid inquiry – The Guardian

‘A legal battle between the Cabinet Office and Covid public inquiry will be considered by the high court on Friday, amid wrangling over the issue of redacted documents, including Boris Johnson’s WhatsApp messages.’

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The Guardian, 30th June 2023

Source: www.theguardian.com

Opinion: Judith Ratcliffe – Journal of the Law Society Scotland

‘In this age of drives to digital, we need, written into law, a right for every citizen in the United Kingdom to access Government and local authority services offline (on paper and over the counter)’

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Journal of the Law Society Scotland , 15th May 2023

Source: www.lawscot.org.uk

Supreme Court justice fears hearings now ‘invisible’ to public – Law Society’s Gazette

Posted April 28th, 2023 in case management, documents, judges, news, Supreme Court by sally

‘A Supreme Court judge has said the trend of courts working largely outside public view could change through documents being made more widely available.’

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Law Society's Gazette, 27th April 2023

Source: www.lawgazette.co.uk

Sponsor Licence: What Supporting Documents Do You Need? – EIN Blog

‘Obtaining a sponsor licence enables your organisation to sponsor migrant workers or students in the UK. The Home Office will determine whether your organisation is eligible for a sponsor licence by looking at whether you can meet key criteria.’

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EIN Blog, 11th April 2023

Source: www.ein.org.uk

A Master’s decision to order disclosure of internal non-contemporaneous documents upheld on appeal (Re Scherbakov (deceased)) – Gatehouse Chambers

‘Dispute Resolution analysis: On appeal, an order for disclosure against neutral Interim Administrators of the estate of a deceased person, requiring the search of review of non-contemporaneous internal documents has been upheld.’

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Gatehouse Chambers, 24th March 2023

Source: gatehouselaw.co.uk

Directors Accountability and Burdens of Proof – New Square Chambers

‘In our latest article, James Saunders examines burdens of proof in claims against directors, the duty of directors to account for company assets and the ambit of CPR 32.19 notices to prove documents.’

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New Square Chambers, 13th March 2023

Source: www.newsquarechambers.co.uk

SRA wins approval to destroy 765,000 files from shut-down firms – Legal Futures

‘The High Court has given the Solicitors Regulation Authority (SRA) permission to destroy immediately around 765,000 files it is storing after intervening in law firms in recent years.’

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Legal Futures, 3rd March 2023

Source: www.legalfutures.co.uk