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

Windrush inquiry report submitted to home secretary – The Guardian

‘An investigation into the causes of the Windrush scandal has been completed and presented to the UK home secretary, who must now decide when and whether to make the findings public.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

Commercial Court clamps down on lengthy witness statements – Law Society’s Gazette

Posted March 12th, 2020 in Commercial Court, documents, expert witnesses, news, witnesses by tracey

‘The Commercial Court is cracking down on excessively long witness statements, introducing a new set of rules for documents more than 30 pages long.’

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Law Society's Gazette, 11th March 2020

Source: www.lawgazette.co.uk

High Court to rule on access to full adoption file – Law Society’s Gazette

‘The High Court has been asked to make an unprecedented order to allow a journalist to see all court papers in a flawed adoption case. The application comes as the family justice system faces heightened pressure to be more transparent.’

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Law Society's Gazette, 9th March 2020

Source: www.lawgazette.co.uk

Judge attacks S&G for “wholly unacceptable” failure – Legal Futures

A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.

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Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

Harry Dunn lawyers call for High Court to publish US secret immunity papers – The Guardian

‘Lawyers acting for a teenager who died after a collision with a car allegedly driven by an American woman want the High Court to publish a secret document protecting her from prosecution.’

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The Guardian, 1st March 2020

Source: www.theguardian.com

No special rules allowing regulators to override LPP – Legal Futures

Posted February 21st, 2020 in appeals, disclosure, documents, legal profession, news, privilege by sally

‘There are no special rules allowing regulators such as the Financial Reporting Council (FRC) to override the protection of legal professional privilege (LPP), the Court of Appeal has ruled.’

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Legal Futures, 20th February 2020

Source: www.legalfutures.co.uk

Council overturns allotment change-of-use ban at CoA – Local Government Lawyer

‘The Court of Appeal has overturned a High Court ruling that Kirklees Metropolitan Borough Council must keep an allotment site in use, in a ruling that Lord Justice Lewison called “very strange”.’

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Local Government Lawyer, 19th February 2020

Source: www.localgovernmentlawyer.co.uk

Vos issues warning to parties who abuse disclosure pilot – Litigation Futures

Posted February 17th, 2020 in costs, disclosure, documents, news, pilot schemes by sally

‘Parties that try to use the disclosure pilot for litigation advantage will face “serious adverse costs consequences”, the Chancellor of the High Court has warned, urging judges to take action if they see it.’

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Litigation Futures, 17th February 2020

Source: www.litigationfutures.com

Jeremy Bamber lawyers say new evidence undermines conviction – The Guardian

Posted February 12th, 2020 in disclosure, documents, evidence, families, forensic science, murder, news, police, suicide by sally

‘Lawyers for Jeremy Bamber, who is serving a whole life sentence for murdering his family, have unearthed evidence that they say undermines the claim that it was “inconceivable” for his adoptive sister to have shot herself.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Windrush victims given extra time to apply for compensation but concerns over lack of legal advice remain – The Independent

‘Windrush victims will have an additional two years to apply for compensation for their losses after the Home Office bowed to pressure to extend the deadline by two years.’

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The Independent, 7th February 2020

Source: www.independent.co.uk

Legal advice must be “dominant purpose” for privilege to apply – Legal Futures

‘Legal advice privilege (LAP) only applies where documents were created with the “dominant purpose” of seeking or providing legal advice, appeal judges have ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Criminalising the possession of “terrorist propaganda”: a human rights analysis – UK Human Rights Blog

‘The Home Office is proposing to legislate for a new criminal offence relating to the “possession of the most serious material glorifying or encouraging terrorism”.’

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UK Human Rights Blog, 21st January 2020

Source: ukhumanrightsblog.com

Guildford pub bomb police face High Court threat over files – BBC News

Posted January 22nd, 2020 in documents, explosives, inquests, news, Northern Ireland, police, terrorism by sally

‘Lawyers in the Guildford pub bombing inquest have threatened Surrey Police with High Court action over archives removed from a history centre.’

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BBC News, 22nd January 2020

Source: www.bbc.co.uk

Four days to comply with new money laundering rules – Legal Futures

‘Lawyers have until just this Friday to ensure they comply with the Fifth Money Laundering Directive, the government announced just before Christmas.’

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Legal Futures, 6th January 2020

Source: www.legalfutures.co.uk

CA: Litigants do not owe duty of care to opponents – Litigation Futures

‘Litigants do not owe a duty of care to their opponents, the Court of Appeal has made clear.’

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Litigation Futures, 18th December 2019

Source: www.litigationfutures.com