New Arbitration Act enhances London’s dispute resolution reputation – OUT-LAW.com

‘New legislation that enhances the powers of arbitrators and limits the ability of businesses to resurrect arguments raised in arbitration before the courts has received Royal Assent.’

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OUT-LAW.com, 26th February 2025

Source: www.pinsentmasons.com

Government to bring in single construction regulator, new legal duty of candour for public bodies after accepting Grenfell inquiry report recommendations in full – Local Government Lawyer

‘The Government has accepted all 58 recommendations in the Grenfell Tower Inquiry’s final report, and will introduce a new single construction regulator “to ensure those responsible for building safety are held to account”.’

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Local Government Lawyer, 26th February 2025

Source: www.localgovernmentlawyer.co.uk

Environmental Law News Update – Six Pump Court

‘Alame and others v Shell: Court of Appeal provide guiding principles on progressing a large environmental group litigation.’

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Six Pump Court, 13th January 2025

Source: 6pumpcourt.co.uk

Travel & Aviation Newsletter – 3 Hare Court

‘Welcome to our latest Travel & Aviation newsletter, edited by Katherine Deal KC.’

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3 Hare Court, 11th February 2025

Source: lexlinks.3harecourt.com

Supreme court judges reject Reeves’ motor finance intervention – The Guardian

‘Rachel Reeves was dealt a fresh blow on Monday when her attempt to intervene in a high-profile supreme court case and curb a potential £44bn bill for lenders caught up in the car loan commissions scandal was rejected. Judges at the supreme court rejected the chancellor’s application, lodged last month, in which she urged them to avoid handing “windfall” compensation to borrowers harmed by allegedly secret commission payouts to car dealers that arranged the loans.’

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The Guardian, 17th February 2025

Source: www.theguardian.com

Special Forces blocked 2,000 credible asylum claims from Afghan commandos, MoD confirms – BBC News

‘UK Special Forces command rejected resettlement applications from more than 2,000 Afghan commandos who had shown credible evidence of service in units that fought alongside the SAS and SBS, the Ministry of Defence has confirmed for the first time.’

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BBC News, 17th February 2025

Source: www.bbc.co.uk

Non disclosure and adverse inferences – Becket Chambers

‘A common complaint of parties to financial remedy proceedings is they are often dissatisfied with the level of disclosure provided by their former spouse. In practical terms, what can a Court realistically do? Much depends on the nature of any non-disclosure. Sadly, it is fairly common for spouses to try to hide assets or evade disclosing them. Whilst it happens all too frequently, it does not mean we should turn a blind eye to it and just accept it is happening. This article provides some practical tips to maximise the power of the adverse inference.’

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Becket Chambers, 10th February 2025

Source: becket-chambers.co.uk

Key power station didn’t properly disclose burning forest wood – BBC News

Posted February 10th, 2025 in disclosure, energy, environmental protection, news, trees by tracey

‘A UK power station that has received billions of pounds in government subsidies has failed more than once to report it burned wood from primary forests, BBC News has found.’

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BBC News, 9th February 2025

Source: www.bbc.co.uk

The test for getting an imaging order – Blackstone Chambers

‘In TBD (which was covered in the article by Niran de Silva KC and Sam Neaman in the April 2024 edition of ELA Briefing), the Court of Appeal approved the use of imaging orders (an order that requires a defendant to permit a forensic computer expert to make a complete copy of their electronic devices) as a less intrusive alternative to a search order (an order that requires a defendant to allow the claimant’s representatives to enter their premises and search for, copy and remove documents). Since then, there has been some debate over the relevant threshold for granting an imaging order, with a degree of inconsistency appearing in the authorities. In the recently published judgment of Nix, HH Judge Pelling KC expressed support for the view that the grounds for granting an imaging order are slightly less stringent than for granting a search order. He also identified the factors that are likely to be most relevant to obtaining an imaging order where the complaint is of unacceptable conduct in relation to disclosure and/or the preservation of documents.’

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Blackstone Chambers, 7th February 2025

Source: www.employeecompetition.com

MacQueen v MacQueen [2024] EWFC 400 (B) – Financial Remedies Journal

‘District Judge Ashby. Final hearing concerning an application for a final financial remedy order in proceedings concerning serious findings of non-disclosure.’

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Financial Remedies Journal, 6th February 2025

Source: financialremediesjournal.com

Obtaining imaging orders from the English courts – OUT-LAW.com

Posted January 27th, 2025 in civil justice, computer programs, disclosure, evidence, fraud, injunctions, news by tracey

‘Imaging orders offer another useful tool to civil fraud litigators needing to urgently prevent the concealment and destruction of relevant digital evidence.’

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OUT-LAW.com, 24th January 2025

Source: www.pinsentmasons.com

Treasury seeks to intervene in Supreme Court motor finance case – Legal Futures

‘The government has applied to intervene in the Supreme Court hearing on motor finance, expressing concern that the Court of Appeal ruling could have a significant and potentially damaging impact on the market.’

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Legal Futures, 22nd January 2025

Source: www.legalfutures.co.uk

Southport attack: why is so much information being published only now? – The Guardian

‘Axel Rudakubana, 18, on Monday pleaded guilty to the murders of three young girls – Bebe King, six, Elsie Dot Stancombe, seven, and Alice Dasilva Aguiar, nine – and the attempted murder of eight other children and two adults at a Taylor Swift-themed dance class in Southport last summer. He also admitted producing the biological toxin ricin, and possessing a terrorist handbook about al-Qaida. The guilty pleas have triggered a deluge of new information about the teenage attacker and how he had been known to the authorities before the atrocity on 29 July last year. It has also prompted searching questions about how the state failed to stop the attack – and whether there has been a cover-up. Here we answer some of the key questions about the Southport attack.’

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The Guardian, 21st January 2025

Source: www.theguardian.com

Post Office scandal “shows that privilege needs urgent reform” – Legal Futures

‘The Post Office inquiry shows that legal professional privilege (LPP) presents “significant problems of principle and practice” and needs urgent reform, leading academics have argued.’

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Legal Futures, 20th January 2025

Source: www.legalfutures.co.uk

UK copyright reform ‘could expose AI developers to mass claims’ – OUT-LAW.com

Posted January 16th, 2025 in artificial intelligence, class actions, copyright, disclosure, news by sally

‘Plans to force AI developers to disclose what content they use to train their AI models could support a new wave of mass claims litigation by content creators, an expert in intellectual property law has said.’

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OUT-LAW.com, 15th January 2025

Source: www.pinsentmasons.com

£50k fine for lawyer over omissions when applying to join Bar – Legal Futures

‘A high-profile Italian lawyer who failed to declare various adverse findings about himself when applying to be called to the English Bar has been reprimanded and fined £50,000 – an exceptionally high sum for a Bar disciplinary tribunal.’

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Legal Futures, 3rd January 2025

Source: www.legalfutures.co.uk

Serving claim form on ‘persons unknown’ out of jurisdiction now requires hearing – Law Society’s Gazette

Posted December 16th, 2024 in disclosure, media, news, service out of jurisdiction by tracey

‘Future applications for permission to serve a claim form on ‘persons unknown’ out of the jurisdiction in claims in the media & communications list should not be dealt with without a hearing, a High Court judge has ruled.’

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Law Society's Gazette, 16th December 2024

Source: www.lawgazette.co.uk

Court examines conditions for granting imaging orders – OUT-LAW.com

Posted December 12th, 2024 in disclosure, evidence, news, search & seizure by sally

‘A ruling in a case involving a former boss of controversial data analytics company, Cambridge Analytica, provides some clarity on when parties to litigation in England and Wales can obtain imaging orders to preserve potentially important electronic evidence.’

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OUT-LAW.com, 10th December 2024

Source: www.pinsentmasons.com

City regulator offers to water down ‘name and shame’ rules after pressure – The Guardian

Posted November 29th, 2024 in disclosure, financial services ombudsman, news by michael

‘The City regulator has bowed to pressure over plans to “name and shame” some companies it investigates, offering watered-down proposals that would give firms 10 days’ notice and consider the “potential negative impact” of revealing the identities of companies under inspection.’

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The Guardian, 28th November 2024

Source: www.theguardian.com

New legal privilege guidance for in-house lawyers in England – OUT-LAW.com

‘Legal advice given by in-house lawyers will, under English law, attract privilege in the same way as legal advice given by any other lawyers, but there are certain issues in-house lawyers should pay particular attention to when considering legal professional privilege, according to new guidance by the Solicitors Regulation Authority (SRA).’

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OUT-LAW.com, 22nd November 2024

Source: www.pinsentmasons.com