‘An experienced solicitor who failed to disclose two counsel’s opinions on a case to an after-the-event (ATE) insurer, one of them assessing chances of success at less than 50%, has been fined £8,000.’
Litigation Futures, 27th January 2021
Source: www.litigationfutures.com
‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’
Local Government Lawyer, 21st January 2021
Source: www.localgovernmentlawyer.co.uk
‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’
Legal Futures, 21st January 2021
Source: www.litigationfutures.com
‘In The Government of the United States v Julian Assange (2021), the District Judge sitting at Westminster Magistrates’ Court discharged the American extradition request against the founder of WikiLeaks because there is a substantial risk that he would commit suicide. Given Julian Assange’s political notoriety as an avowed whistle-blower, however, the judgment is significant for its dismissal of the defence’s free speech arguments. This article analyses why these human rights submissions were unsuccessful.’
UK Human Rights Blog, 21st January 2021
Source: ukhumanrightsblog.com
‘The Supreme Court has refused to interfere in a ruling that legal professional privilege (LPP) which covers an email does not extend to any attachments.’
Legal Futures, 21st January 2021
Source: www.legalfutures.co.uk
‘A High Court judge has set out lessons for the future in non-notification cases, after refusing to endorse a local authority’s decision not to disclose the existence of a 10-month-old boy to his father.’
Local Government Lawyer, 18th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’
Family Law Week, 14th January 2021
Source: www.familylawweek.co.uk
‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’
Hardwicke Chambers, 8th January 2021
Source: hardwicke.co.uk
‘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.’
Exchange Chambers, 4th January 2021
Source: www.exchangechambers.co.uk
‘Wikileaks founder Julian Assange cannot be extradited to the United States, a court in London has ruled.’
BBC News, 4th January 2021
Source: www.bbc.co.uk
‘This paper sets out recommendations for a two stage disclosure process in an attempt to avoid the problems with disclosure of computer data/material in court proceedings, problems that have been exposed in two cases in England: the Post Office Horizon scandal, and the case of the nurses in R v Cahill, R v Pugh.’
Digital Evidence and Electronic Signature Law Review, 18 (2021), 18-25, 15 December 2020
Source: journals.sas.ac.uk
‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’
Practical Law: Construction Blog, 9th December 2020
‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’
UK Human Rights Blog, 1st December 2020
Source: ukhumanrightsblog.com
‘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.’
BBC news, 2nd December 2020
Source: www.bbc.co.uk
‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’
UKSC Blog, 27th November 2020
Source: ukscblog.com
‘Matthew Moore, director of Infolegal, advises family lawyers of their obligations under anti-money laundering regulations following changes [to the] wording of what constitutes taxation advice.’
Family Law Week, 24th November 2020
Source: www.familylawweek.co.uk
‘Killers who withhold information on their victims could spend longer behind bars.’
Ministry of Justice, 4th November 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”
Family Law Week, 28th October 2020
Source: www.familylawweek.co.uk
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