‘The former owner of BHS, Dominic Chappell, was today found guilty of refusing to provide vital documents to the pensions watchdog.’
Daily Telegraph, 11th January 2018
Source: www.telegraph.co.uk
‘Bitcoin is a form of digital currency developed in 2009. It is created and held electronically in a decentralized system meaning that no one and no government controls it. Bitcoins aren’t printed but are ‘mined’ by both people and businesses using software that solves complex mathematical problems. Prone to volatility, Bitcoin hit the news last month after it reached an all-time high then dropped in value by almost 20% in a time period of only 90 minutes. Despite its erratic nature, the interest and investment in Bitcoin is rapidly growing and with more people holding Bitcoin, it is likely to be a far more common asset in divorce proceedings. Further, the extra privacy given to Bitcoin holders, as opposed to those who hold money in a bank, has led to many discussions on whether it will be the case that non-disclosers in divorce proceedings will increasingly try to hide assets through Bitcoin.’
Family Law, 11th January 2018
Source: www.familylaw.co.uk
‘In December 2017 there was a considerable outcry following the case of Liam Allan, a middle class white man studying criminology who had been charged with rape. Crucial material was not disclosed or properly reviewed by the police which totally undermined the case against the defendant and the case was dropped. The Director of Public Prosecutions apologised, an enquiry into disclosure is to follow, the police were slammed, and the issue was raised with the Prime Minister in the House of Commons. Even the Daily Mail got in on the act and other cases have also been dropped since.’
Legal Voice, 10th January 2018
Source: www.legalvoice.org.uk
‘The facts of the ABC case are unusual and undeniably tragic. In 2007, ABC’s father shot and killed her mother. He was convicted of manslaughter, on the basis of diminished responsibility, and sentenced to a hospital order under the Mental Health Act 1983, s 37, with a restriction order under s 41 of the Act. The respective roles of the defendants in relation to the father’s subsequent care and treatment were as follows: he was detained in a clinic run by the second defendant (the South West London and St George’s Mental Health NHS Trust), where, whilst resident, he was seen by a social worker for whom the third defendant (Sussex Partnership NHS Foundation Trust) was responsible, and he was referred to the first defendant’s hospital (St George’s Hospital) in order that his disorder could be explored.’
1 Crown Office Row, 9th January 2018
Source: www.1cor.com
‘Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).’
Law Society's Gazette, 8th January 2018
Source: www.lawgazette.co.uk
‘The Information Commissioner last month upheld a decision by a London borough to refuse to supply a copy of a legal opinion obtained by the council relating to an application to grant a certificate of lawfulness for a property.’
Local Government Lawyer, 5th January 2018
Source: www.localgovernmentlawyer.co.uk
‘The Senior Courts Costs Office has refused separate attempts to obtain copies of law firms’ client files by another firm that describes itself as the country’s “leading experts in fighting unfair compensation deductions”.’
Litigation Futures, 8th January 2018
Source: www.litigationfutures.com
‘Victim support groups are calling on MPs to back a new law allowing police to take proactive measures to establish whether a serious offender has a new partner, and if so to inform them of his previous convictions. The call comes after the jailing of serial killer Theodore Johnson, 64, who strangled and battered his ex-girlfriend, Angela Best, 51. He was sentenced to life with a minimum of 26 years on Friday.’
The Guardian, 6th January 2018
Source: www.theguardian.com
‘The way parole is considered is to be reviewed following the decision to release serial sex attacker John Worboys, the prime minister has said.’
BBC News, 7th January 2018
Source: www.bbc.co.uk
‘Readers of this blog will recall an important DPA judgment, particularly on the legal professional privilege exemption, which came out in January 2017 called Holyoake v Candy & CPC [2017] EWHC 52 (QB) (see the blogpost here). That case has, however, involved various pieces of satellite litigation including a 193 page judgment of Nugee J handed down just before Christmas in Holyoake & Hotblack v Candy & Candy & others [2017] EWHC 3397 (Ch).For some reason the parties to the extensive Chancery proceedings appear to have seen as most important the multi-million pound claims for misrepresentation, duress, unlawful means conspiracy, interference with economic interests, undue influence, breach of consumer credit legislation, breach of the rule against penalty clauses and the exotically named extortion under colour of due process. For very detailed and lengthy reasons which it is unnecessary to set out here, Nugee J rejected all of Mr Holyoake’s various claims. The judge made numerous adverse findings in respect Mr Holyoake’s performance as a witness, although it is fair to say that the Candy brothers did not escape without some measure of criticism either. (I should declare that I acted for Candy and CPC in the earlier DPA proceedings; although all of the Panopticon editors were on one side or the other.)’
Panopticon, 29th December 2017
Source: panopticonblog.com
‘A judge has criticised prosecutors after they failed to hand over crucial evidence that could have exonerated a wealthy businessman standing trial for alleged sexual assault.’
Daily Telegraph, 2nd January 2018
Source: www.telegraph.co.uk
‘The government’s power to block requests for information on national security grounds has been significantly curtailed by a tribunal ruling over targeted killings of British jihadists abroad.’
The Guardian, 4th January 2018
Source: www.theguardian.com
‘Two of the key media partners in the Paradise Papers investigation have condemned the legal action that is seeking to force the Guardian and the BBC to disclose documents used by reporters.’
The Guardian, 19th December 2017
Source: www.theguardian.com
‘A student wrongly tried for rape after police failed to hand over vital evidence that exonerated him has vowed to sue the police and the CPS as he called for a change to the system.’
Daily Telegraph, 17th December 2017
Source: www.telegraph.co.uk
‘The Ministry of Justice has rejected calls for a ban on rape complainants’ sexual history being revealed in court, saying cross-examination should continue to be allowed in exceptional circumstances.’
The Guardian, 14th December 2017
Source: www.theguardian.com
‘Scotland Yard is carrying out an “urgent assessment” after a rape prosecution collapsed due to the late disclosure of evidence that undermined the case.’
The Guardian, 15th December 2017
Source: www.theguardian.com
‘A huge collection of documents, including “those relating to the history and development of knowledge in the 20th century about the risks of asbestos”, must be disclosed to the public, the High Court has ruled.’
Litigation Futures, 13th December 2017
Source: www.litigationfutures.com
‘Dispute Resolution analysis: When is it appropriate to waive privilege during the course of civil proceedings, and what are the risks if you do? These questions regularly create difficulties for litigators, and a variant of them arose during the trial of Holyoake v Candy. Roger Stewart QC, of 4 New Square, Richard Fowler, of Maitland Chambers, and John Beresford, of Hardwicke Chambers, who appeared for the claimants, examine the issues and say being able to advise with reasonable assurance as to the scope of any collateral waiver will be key to the decision on whether privilege ought to be intentionally waived.’
Hardwicke Chambers, 5th December 2017
Source: www.hardwicke.co.uk
‘The President of the Family Division, Sir James Munby, has allowed a social worker to use restricted documents in proceedings to be brought over a judge’s critical remarks about her.’
Local Government Lawyer, 6th December 2017
Source: www.localgovernmentlawyer.co.uk
‘Two men who were wrongly convicted of carrying out the Birmingham pub bombings in 1974 have supported calls for the alleged bombers to be named publicly to end a “double injustice”.’
BBC News, 6th December 2017
Source: www.bbc.co.uk
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