‘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.’
Litigation Futures, 22nd March 2021
Source: www.litigationfutures.com
‘The trial of a former Labour peer accused of sexually abusing younger children has collapsed due a “disgraceful” late disclosure of evidence by the prosecution, a judge has said.’
The Guardian, 9th March 2021
Source: www.theguardian.com
‘Women are almost twice as likely as men to have their criminal records disclosed when applying for a job, and to suffer “sustained stigma” from employers, a new study has found.’
The Independent, 8th March 2021
Source: www.independent.co.uk
‘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.’
Transparency Project, 3rd March 2021
Source: www.transparencyproject.org.uk
‘Helping clients cope with the repercussions of climate change could transform the legal profession, a Law Society report has predicted, as lawyers focus on “proactive risk management advice”, knowledge of numerous legal frameworks and “out-of-the-box thinking”.’
Legal Futures, 25th February 2021
Source: www.legalfutures.co.uk
‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’
UK Constitutional Law Association, 24th February 2021
Source: ukconstitutionallaw.org
In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.
UKSC Blog, 24th February 2021
Source: ukscblog.com
‘Two sisters say they’ve been silenced by the man they reported for sexual assault after he sued them for talking about what happened.’
BBC News, 24th February 2021
Source: www.bbc.co.uk
‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’
Law Society's Gazette, 23rd February 2021
Source: www.lawgazette.co.uk
‘A former senior Labour staffer has taken the party to court in an attempt to force it to disclose the identity of the leaker of a report on antisemitism in the party that contained hundreds of private WhatsApp messages.’
The Guardian, 22nd February 2021
Source: www.theguardian.com
‘On 9 February 2021, the Court of Appeal unanimously allowed Mr Cohoon and Craig Cohoon Watersports’ (“Watersports”) appeal against the decision of His Honour Judge Russen QC at first instance ([2020] EWHC 290 (Comm)).’
Guildhall Chambers, 15th February 2021
Source: www.guildhallchambers.co.uk
‘The new 2020 versions of the Disclosure Code of Practice issued under the Criminal Procedure and Investigations Act (CPIA) 1996 (“the Code”) and Attorney General’s Guidelines on Disclosure (AGG) are probably not lockdown reading of choice for anybody. Nevertheless, they contain new procedures and a sea change in some respects and it will be essential for criminal practitioners to get to grips with the new requirements. There is a new emphasis on a thoughtful, rather than a prescriptive approach. Disclosure is to be integral to an investigation and not an adjunct.’
Devon Chambers, February 2021
Source: www.devonchambers.co.uk
‘On 10 February, the Supreme Court will hear the appeal in R (A) v SSHD. The case concerns the legality of guidance issued under the Multi Agency Public Protection Arrangements (“MAPPA”).’
UKSC Blog, 8th February 2021
Source: ukscblog.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.’
OUT-LAW.com, 8th February 2021
Source: www.pinsentmasons.com
‘The government has been urged to remove ‘blind spots’ in the Domestic Abuse Bill that could deter migrant women from reporting domestic abuse to the police for fear of being deported or enable perpetrators to control their victims.’
Law Society's Gazette, 3rd February 2021
Source: www.lawgazette.co.uk
‘In this post, Neil Newing and Olivia Flasch who both practice at Signature Litigation, comment upon the decision handed down by the UK Supreme Court in the matter of Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. They ask: is the decision a missed opportunity?’
UKSC Blog, 2nd February 2021
Source: ukscblog.com
‘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.’
The Guardian, 27th January 2021
Source: www.theguardian.com
‘Inquests are not adversarial proceedings. However, the Supreme Court decision in Maughan (lowering the standard of proof for an inquest conclusion of ‘unlawful killing’ to the balance of probabilities) has left practitioners concerned about the ability of the coronial process to protect Interested Persons (“IPs”) from the serious reputational damage such a conclusion will inevitably cause. This article looks at one critical part of the process, namely disclosure.’
Henderson Chambers, 19th January 2021
Source: www.hendersonchambers.co.uk
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