Court allows defendants to use statements disclosed by mistake – Litigation Futures

Posted March 22nd, 2021 in disclosure, documents, evidence, news, privilege, solicitors, witnesses by tracey

‘The High Court has granted permission to defendants to use the contents of four otherwise privileged witness statements which were disclosed by the claimants’ solicitors by mistake.’

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Litigation Futures, 22nd March 2021

Source: www.litigationfutures.com

Police will not launch criminal investigation into Martin Bashir’s interview with Princess Diana – The Independent

Posted March 5th, 2021 in BBC, deceit, documents, inquiries, media, news, police, professional conduct, royal family by tracey

‘The Metropolitan Police will take no further action over BBC journalist Martin Bashir’s controversial interview with Princess Diana in 1995.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

M (A Child): Live streaming from the Court of Appeal on Thursday 4th March – Should a journalist be able to see the court documents behind a flawed decision that a child needed adoption? – Transparency Project

‘This is a short blog to introduce the people and issues, and explain the lead up, ahead of the live-streamed appeal in M (A Child) tomorrow. It aims to give non lawyers a bit of orientation and some links when tuning in to the court of appeal proceedings.’

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Transparency Project, 3rd March 2021

Source: www.transparencyproject.org.uk

New Requirements for Witness Statements – 3 Hare Court

Posted February 25th, 2021 in documents, news, practice directions, witnesses by sally

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

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3 Hare Court, February 2021

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Council secures injunction against man who circumvented redaction in child protection papers – Local Government Lawyer

‘The London Borough of Lambeth has won a final injunction against a man who was able to remove a redaction on papers concerning child welfare.’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

Documents on CEO’s personal phone should be disclosed, court rules – OUT-LAW.com

‘The terms of a contractual agreement between a CEO and his company mean material held on a personal mobile phone should be disclosed in litigation the company is involved in, the High Court of England has ruled.’

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OUT-LAW.com, 8th February 2021

Source: www.pinsentmasons.com

Court rejects Corbyn disclosure claim in Labour suspension battle – The Guardian

‘Jeremy Corbyn has lost a legal fight to force Labour to hand over documents before a possible high court challenge against his suspension from the parliamentary party.’

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The Guardian, 27th January 2021

Source: www.theguardian.com

Breaching Legal Advice Privilege – Family Law Week

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

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Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers

‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’

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Exchange Chambers, 4th January 2021

Source: www.exchangechambers.co.uk

Unsealed claim forms not good service, High Court rules – Law Society’s Gazette

Posted December 18th, 2020 in banking, claims management, competition, documents, news, service, time limits by sally

‘A High Court judge has penalised litigants who served an unsealed amended claim form within the approved deadline, stating that this ultimately did not constitute good service.’

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Law Society's Gazette, 17th December 2020

Source: www.lawgazette.co.uk

All Windrush victims to get at least £10,000 – BBC News

‘The government is to give more money to victims of the Windrush scandal, which saw hundreds of people wrongly threatened with deportation.’

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BBC News, 14th December 2020

Source: www.bbc.co.uk

Guildford pub bomb police took action to keep files closed – BBC News

‘The police force investigating the Guildford pub bombs has been accused of a conflict of interest after it took legal action to keep archives closed. More than 700 files on the 1974 IRA bombs had been due to open this year but were retained by the Home Office. Inquest papers have shown Surrey Police applied for the files to stay closed.’

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BBC news, 2nd December 2020

Source: www.bbc.co.uk

The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

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Littleton Chambers, 11th November 2020

Source: littletonchambers.com

‘Signed For 1st Class’ service is first-class post, CA rules – Litigation Futures

Posted November 23rd, 2020 in appeals, civil procedure rules, documents, news, postal service, service, solicitors by sally

‘The Royal Mail service ‘Signed For 1st Class’ is first-class post or equivalent for the purposes of the deemed service provisions of the CPR, the Court of Appeal has ruled.’

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Litigation Futures, 23rd November 2020

Source: www.litigationfutures.com

Paul Cleeland case: Government reviews files on 1972 murder – BBC News

‘The Home Office is reviewing its archives to see if any files exist on Paul Cleeland, who has been fighting to clear his name of murder for 47 years.’

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BBC News, 20th November 2020

Source: www.bbc.co.uk

Windrush: At least nine victims died before getting compensation – BBC News

‘At least nine people have died before receiving money applied for through the Windrush compensation scheme, according to Home Office figures.’

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BBC News, 2nd November 2020

Source: www.bbc.co.uk

Infected blood scandal: Treasury refuses to publish key documents – The Guardian

‘The Treasury is refusing to publish key documents about the treatment of haemophiliacs infected by the NHS with HIV on the grounds that it would be “disruptive” and material might be “distorted” by the media.’

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The Guardian, 21st September 2020

Source: www.theguardian.com

PI solicitor struck off for “stupid” decision to forge client’s signature – Legal Futures

‘An experienced personal injury solicitor who forged his client’s signature on two court documents to progress her case “acted stupidly” and had to be struck off, a tribunal has decided.’

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Legal Futures, 28th August 2020

Source: www.legalfutures.co.uk

Judge lashes out at “shameful drivel” produced in RTA claims – Litigation Futures

‘A deputy district judge lambasted law firms’ approach to low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.’

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Litigation Futures, 28th August 2020

Source: www.litigationfutures.com