Home Office trying to force two disabled children to leave country – The Guardian

‘The Home Office is trying to force two British-born children with lifelong and complex physical and mental disabilities out of Britain in a move which experts say breaches UK and UN law.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

Privilege and Maxwellisation – what can we learn from recent FRC cases? – 4 New Square

‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’

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4 New Square, 11th December 2018

Source: www.4newsquare.com

Facebook documents seized by MPs investigating privacy breach – BBC News

Posted November 26th, 2018 in data protection, documents, internet, news, parliament, privacy, search & seizure by tracey

‘A cache of Facebook documents has been seized by MPs investigating the Cambridge Analytica data scandal. Rarely used parliamentary powers were used to demand that the boss of a US software firm hand over the details.’

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BBC News, 25th November 2018

Source: www.bbc.co.uk

BSB gains power to intervene in barristers’ practices – Legal Futures

Posted November 23rd, 2018 in barristers, disciplinary procedures, documents, enforcement, news, regulations by sally

‘The Bar Standards Board (BSB) now has the power to intervene in individual barristers’ practices among a host of other new regulatory tools that have been approved by Parliament.’

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Legal Futures, 23rd November 2018

Source: www.legalfutures.co.uk

Dissolved company’s files “still privileged”, says court – Legal Futures

Posted November 22nd, 2018 in company law, documents, enforcement, law firms, news, privilege by tracey

‘Legal professional privilege can protect the documents of a dissolved company from disclosure, the High Court has ruled in a case involving global firm Dentons.’

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Legal Futures, 22nd November 2018

Source: www.legalfutures.co.uk

Judge criticises City solicitor for giving witness statement to journalist – Litigation Futures

‘A High Court judge has strongly criticised a City partner who gave a journalist a copy of a witness statement made in support of an application for pre-action disclosure.’

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Litigation Futures, 13th November 2018

Source: www.litigationfutures.com

Privilege ruling releases two documents and destroys one – Litigation Futures

Posted November 9th, 2018 in disclosure, documents, electronic mail, intellectual property, news, privilege by tracey

‘A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.’

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Litigation Futures, 8th November 2018

Source: www.litigationfutures.com

Council wins appeal over disclosure order that would have meant it breached law – Local Government Lawyer

Posted November 8th, 2018 in disclosure, documents, employment tribunals, local government, news by tracey

‘A borough council has won an appeal after an Employment Tribunal ordered disclosure which would, if given, have resulted in the local authority breaching the law.’

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Local Government Lawyer, 7th November 2018

Source: www.localgovernmentlawyer.co.uk

Schedule 36 Finance Act 2008: Information Notices – 11 KBW

Posted November 2nd, 2018 in disclosure, documents, news, taxation, tribunals by sally

‘HMRC’s civil information powers are set out in Schedule 36 to Finance Act 2008. Part 1 of that schedule sets out HMRC’s powers to obtain information and documentation by way of written notices (often referred to as ‘information notices’). Given HMRC has in recent years made increasing use of the information notice powers, and given HMRC is currently consulting on extending the information notice powers (see Amending HMRC’s Civil Information Powers, 10 July 2018), now seems an opportune time to recap on the extent of those powers and the scope for challenging information notices.’

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11 KBW, 22nd October 2018

Source: www.11kbw.com

Part 36 offer not a “trump card” to thwart court orders – Litigation Futures

‘A part 36 offer is not “some form of trump card” which overrides previous court orders, a High Court judge has made clear.’

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Litigation Futures, 30th October 2018

Source: www.litigationfutures.com

Robot judges less likely than AI-assisted judges, QC predicts – Legal Futures

‘Artificial intelligence (AI) is likely to be used to lower the cost and increase the speed of judicial decisions, a QC specialising in IT and algorithms has predicted.’

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Legal Futures, 30th October 2018

Source: www.legalfutures.co.uk

Supreme Court to hear dispute over service of completion notice in rates case – Local Government Lawyer

Posted October 30th, 2018 in appeals, documents, local government, news, rates, service, Supreme Court by sally

‘The Supreme Court will next week hear a key case on the service of a completion notice by a billing authority.’

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Local Government Lawyer, 29th October 2018

Source: www.localgovernmentlawyer.co.uk

Are You Being Served? Rules On International Service in Family Cases – Family Law Week

‘Sarah Lucy Cooper, barrister, Thomas More Chambers considers the issue of international service in family cases.’

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Family Law Week, 21st October 2018

Source: www.familylawweek.co.uk

Impecunious credit hire claimants ordered to provide pre-action disclosure – Litigation Futures

‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’

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Litigation Futures, 22nd October 2018

Source: www.litigationfutures.com

Who must disclose what and when? – Family Law

Posted October 9th, 2018 in civil procedure rules, disclosure, documents, family courts, news by tracey

‘Family procedural law is not as clear as it might be over when “a person who is not a party to the proceedings” (a non-party) can be compelled to produce documents and other information into family proceedings (eg the police, tax authorities, a doctor or accountant etc).’

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Family Law, 9th October 2018

Source: www.familylaw.co.uk

SFO will not appeal landmark litigation privilege ruling – OUT-LAW.com

‘The Serious Fraud Office (SFO) will not appeal to the Supreme Court last month’s ruling that documents generated in connection with an investigation into the Eurasian Natural Resources Corporation (ENRC) were protected by litigation privilege, it has confirmed.’

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OUT-LAW.com, 3rd October 2018

Source: www.out-law.com

UK government publishes guidance to support new trade mark laws – OUT-LAW.com

Posted October 5th, 2018 in brexit, documents, EC law, intellectual property, news, time limits, trade marks by tracey

‘The UK government has published documents designed to support the implementation of new trade mark laws, which come into force next year.’

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OUT-LAW.com, 4th October 2018

Source: www.out-law.com

High Court: Judge has no power to order solicitor to hand over client file – Litigation Futures

‘Judges do not have power to order a solicitor to give a former client copies of documents which are the property of the solicitor, the High Court has ruled.’

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Litigation Futures, 1st October 2018

Source: www.litigationfutures.com

High Court rejects privilege claim in regulator request for documents – OUT-LAW.com

Posted September 18th, 2018 in documents, news, privilege by sally

‘Documents sought by the Financial Reporting Council (FRC) from Sports Direct in connection with an FRC investigation into Sports Direct’s auditor must be handed over, the High Court has ruled.’

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OUT-LAW.com, 17th September 2018

Source: www.out-law.com

The end of signing on the dotted line? E-signatures are as valid as paper ones, Law Commission says – Daily Telegraph

Posted August 21st, 2018 in consultations, contracts, documents, Law Commission, news by sally

‘Signing on the dotted line has been the seal on deals and contracts for hundreds of years.’

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Daily Telegraph, 21st August 2018

Source: www.telegraph.co.uk