‘In this article Cloisters’ barrister Paul Epstein QC comments on what disclosure actually means and what the obligations are in the Employment Tribunal. He discusses the different types of disclosure, the new CPR test and what parties need to do.’
Cloisters, 10th February 2015
Source: www.cloisters.com
‘In an important judgment handed down recently by the Court of First Instance in Hong Kong, the companies judge has ruled on the ambit of the power to order a person to produce documents to a provisional liquidator pursuant to section 221(3) of the Companies (Winding-Up and Miscellaneous Provisions) Ordinance.(1) For now and pending any appeal, the judgment confirms that the scope of documents “relating to the company” that have to be produced to a liquidator (pursuant to section 221(3) of the Ordinance) is narrower than the matters in respect of which a person can be examined on oath concerning the “affairs of the company” (sections 221(1) and (2)). In so doing, the judgment gives a more literal interpretation of the power to order production pursuant to section 221(3) without reference to section 221(1).’
RPC Commercial Disputes Blog,
Source: www.rpc.co.uk
‘Documents released to Mail on Sunday reveal Margaret Thatcher knew of child abuse allegations against Rochdale MP before he was given knighthood.’
The Guardian, 8th March 2015
Source: www.guardian.co.uk
Integral Petroleum SA v SCU-Finanz AG [2015] EWCA Civ 144; [2015] WLR (D) 97
‘Where a contract had been signed by only one of a company’s two joint signatories, the question of whether the company was bound by the contract was properly characterised as a question of the company’s capacity, to be governed by the law of the company’s constitution, rather than a question of the formal validity of the contract, to be governed by the law which governed the contract, pursuant to article 11 of Parliament and Council Regulation (EC) No 593/2008.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
‘Do you provide services to public sector bodies? Do you want to? Whether your customer or target is part of government, or an independent publicly-funded institution such as a hospital or university, you should be aware of the Public Contracts Regulations 2015. These changes, the majority of which came into force this week, offer greater flexibility in public authority purchasing and increased visibility and supplier access.’
Technology Law Update, 27th February 2015
Source: www.technology-law-blog.com
‘Public bodies can put “relevant” and “proportionate” questions to businesses looking to win low value goods or service contracts at an early stage of procurement without breaching new public procurement rules set to come into force later this month, the UK government has said.’
OUT-LAW.com, 20th February 2015
Source: www.out-law.com
In re Law Society [2015] EWHC 166 (Ch); [2015] WLR (D) 60
‘The Law Society had power under paragraph 16 of Part II of Schedule 1 to the Solicitors Act 1974 to destroy old and redundant documents seized in connection with interventions.’
WLR Daily, 9th February 2015
Source: www.iclr.co.uk
‘The Law Society can destroy 1.5 million files seized from Solicitors Regulation Authority interventions in solicitors’ practices, the High Court has ruled.’
Law Society’s Gazette, 10th February 2014
Source: www.lawgazette.co.uk
‘The High Court has backed an application by the Solicitors Regulation Authority (SRA) to destroy millions of documents seized from firms it has intervened in and had to store since, at significant cost to the profession.’
Legal Futures, 10th February 2015
Source: www.legalfutures.co.uk
‘The prosecution of arms-trade protesters who occupied a British drone engines manufacturer has been dropped at the last minute, after the company refused to hand over evidence about its exports of weaponry to Israel, The Independent can reveal.’
The Independent, 30th January 2015
Source: www.independent.co.uk
‘Red-faced Ministry of Justice (MoJ) officials have been forced to deny claims that they had dismantled a centuries-old cornerstone of British law in advice that the ministry gave to people facing criminal trials.’
The Guardian, 1st February 2015
Source: www.guardian.co.uk
‘The campaign group Rights of Women has been unsuccessful in its judicial review of Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012 (as amended) which sets out the list of documents which will be accepted as evidence that a legal aid applicant has suffered or is at risk of suffering domestic violence. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) purports to retain legal aid for victims of domestic violence. However, such funding is only available where at least one of the documents listed in Regulation 33 is submitted to the Legal Aid Agency.’
UK Human Rights Blog, 28th January 2015
Source: www.ukhumanrightsblog.com
‘A problem frequently arises when, for one reason or another – most frequently the late arrival of the client in a solicitor’s office – the limitation period is nearly up, but one has not got the medical report or one has not got the materials needed for the drafting of the Particulars of Claim or indeed has grave doubts about whether the claim is viable, but plainly proceedings need to be commenced notwithstanding. In those circumstances, it is recognised as the best practice, following CPR 6.4(1)(b), to issue a claim form but to notify the court that the Claimant wishes to serve the Claim Form. If one does not do that, the court will serve the Claim Form automatically, whereas if you undertake to serve it yourself, you will have up to four months within which to serve the Claim Form. During that time, one can ensure that what needs to be done in order to present a coherent and correctly presented claim can be done.’
Zenith PI Blog, 26th January 2015
Source: www.zenithpi.wordpress.com
‘The principles to apply when considering whether to allow an application under 6.15 (service of the CF by alternative method or at an alternative place). The evidence in support must explain the failure to serve.’
Zenith PI Blog, 26th January 2015
Source: www.zenithpi.wordpress.com
‘Senior politicians have called for the immediate publication of all documents cleared for release by the Iraq war inquiry.’
The Guardian, 24th January 2015
Source: www.guardian.co.uk
‘In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family is devastated, obviously. The issue was raised at Prime Minister’s Questions by the local MP and a review was promised. The Immigration Minister, James Broken-shire, has very swiftly conducted the review and the refusal has been maintained. He says his decision has been taken “on the full facts of the case”.’
Free Movement, 20th January 2015
Source: www.freemovement.org.uk
‘It is “incomprehensible” that the death certificates system has not been reformed since the conviction of Harold Shipman, a leading pathologist says.’
BBC News, 21st January 2015
Source: www.bbc.co.uk
Ashley and others v Tesco Stores Ltd and others [2015] WLR (D) 11
‘The applicable time limit for service outside the jurisdiction of a claim form on a Scottish registered company, at its registered office in Scotland, where the claimant sought to serve the claim form under section 1139(1) of the Companies Act 2006 was six months from the date of issue of the claim form, as laid down by CPR r 7.5(2).’
WLR Daily, 15th January 2015
Source: www.iclr.co.uk
‘British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014. Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date. Although the Defendant applied for relief from sanctions, there was no for the default judgment to be set aside, and no evidence in support of such an application. In these circumstances, the court should not treat the application as though it had been made.’
Zenith PI Blog, 15th December 2014
Source: www.zenithpi.wordpress.com
‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’
Litigation Futures, 15th December 2014
Source: www.litigationfutures.com
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