“It all happened so long ago…”: the sequel – Pensions Barrister

Posted December 19th, 2024 in documents, evidence, news, pensions, rectification by sally

‘In the second part of his article on the use of evidence law in pensions cases, Paul Newman KC looks at: the evidence required to rectify scheme documents; the nature of the evidence necessary to establish the conduct of groups of scheme members; and the use of Re Benjamin orders to deal with missing or incorrect scheme data.’

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Pensions Barrister, 19th December 2024

Source: www.pensionsbarrister.com

Tribunal clears council solicitor who amended witness statement – Legal Futures

‘A council solicitor who amended a signed witness statement without express confirmation of the changes before submitting it to the High Court has been cleared of misconduct.’

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Legal Futures, 17th December 2024

Source: www.legalfutures.co.uk

“It all happened so long ago…” – Pensions Barrister

Posted December 12th, 2024 in chambers articles, documents, evidence, news, pensions by sally

‘In the first part of a major two-part article on the use of evidence law in pensions cases, Paul Newman KC considers the extent to which evidence law can overcome missing pension scheme documents.’

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Pensions Barrister, 11th December 2024

Source: www.pensionsbarrister.com

High Court rejects the existence of a shareholder’s right to inspect privileged company documents: Aabar Holdings S.à.r.l. v Glencore Plc & Other – 4 New Square

Posted December 5th, 2024 in chambers articles, documents, news, privilege, shareholders by tracey

‘In this article, 4 New Square’s Shail Patel KC and Ed Grigg consider the High Court’s recent decision in Aabar Holdings S.à.r.l. v Glencore Plc & Others [2024] EWHC 3046 (Comm), which considered the right of a company to assert privilege, in various circumstances, against its own shareholders.’

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4 New Square, 4th December 2024

Source: www.4newsquare.com

Judgment in FT application for non-party access to documents – 5RB

‘On 28 June 2024, ICC Judge Mullen, sitting in the Chancery Division, gave an ex tempore judgment, partially granting the Financial Times’ application for pre-hearing access to an affidavit which the Secretary of State had lodged in support of its directors disqualification claim against the financier Lex Greensill.’

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5RB, 10th October 2024

Source: www.5rb.com

E-Visas – The Big Switch – EIN Blog

Posted October 9th, 2024 in documents, government departments, immigration, news, visas by sally

‘Millions are being invited to switch from physical immigration documents to E-Visas in an attempt to modernise and introduce the digital immigration system to the UK. From 17 February 2024 the Home Office began sending emails to all those with physical immigration documents called Biometric Resident Permits (BRPs), inviting them to create a UK Visa and Immigration Account to access their E-Visas. The E-Visas are digital proof of their immigration status.’

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EIN Blog, 8th October 2024

Source: www.ein.org.uk

Polish man living in UK since childhood granted 11th-hour deportation reprieve – The Guardian

Posted September 23rd, 2024 in brexit, deportation, documents, government departments, immigration, news by tracey

‘A Polish man who has lived in the UK since he was seven has been granted a last-minute reprieve after facing deportation because officials said he had not provided enough proof of living in the country for the last 20 years.’

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The Guardian, 22nd September 2024

Source: www.theguardian.com

Forging documents in litigation constituted an unlawful means conspiracy (Takhar v Gracefield Developments Ltd and others) – Gatehouse Chambers

‘Dispute Resolution analysis: Having set aside an earlier judgment on the basis that the claim had been defeated by a forged document, the Claimant was able to use that same forgery to found a successful new claim for unlawful means conspiracy.’

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Gatehouse Chambers, 21st August 2024

Source: gatehouselaw.co.uk

UK’s new eVisa scheme ‘could create digital Windrush scandal’ – The Guardian

Posted September 18th, 2024 in computer programs, documents, government departments, immigration, news, visas by sally

‘Millions of migrants have been urged to register for a new eVisa scheme as campaigners warn the document could create a digital Windrush scandal.’

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The Guardian, 18th September 2024

Source: www.theguardian.com

Guide sets out “consistent process” for AI approach to e-discovery – Legal Futures

‘The International Legal Technology Association (ILTA) has published a draft best practice guide for the use in e-discovery of active learning (AL), a form of machine learning which can update and change its predictions as additional documents are reviewed.’

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Legal Futures, 16th August 2024

Source: www.legalfutures.co.uk

England postpones decision on proposed non-party access to court documents rule – OUT-LAW.com

Posted August 1st, 2024 in civil procedure rules, consultations, costs, documents, news by tracey

‘A highly anticipated decision by the Civil Procedure Rule Committee (CPRC) on non-party access to court documents in England and Wales has been postponed following a large volume of responses to a consultation on its proposed plans.’

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OUT-LAW.com, 31st July 2024

Source: www.pinsentmasons.com

‘Sheer torment’: Home Office apologises after asylum approvals retracted – The Guardian

Posted July 15th, 2024 in asylum, documents, government departments, immigration, news, refugees by tracey

‘The Home Office has apologised to asylum seekers granted leave to remain in the UK who then had their decisions retracted.’

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The Guardian, 15th July 2024

Source: www.theguardian.com

‘Frightening and frustrating’ move to eVisas risks repeat of Windrush scandal, experts warn – The Guardian

Posted July 1st, 2024 in documents, government departments, immigration, news, visas by tracey

‘The government is telling migrants who have lived in Britain for decades to provide proof for every year of their residency as part of the controversial transition to digital visas, immigration lawyers have warned.’

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The Guardian, 29th June 2024

Source: www.theguardian.com

Fee earner guilty of contempt over pre-departure emails – Law Society’s Gazette

‘A fee earner who sent confidential information to his personal email address days before leaving his firm has been given an ultimatum to show the material had been deleted in compliance with a court order.’

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Law Society's Gazette, 21st June 2024

Source: www.lawgazette.co.uk

Fee-earner found in contempt over documents taken from law firm – Legal Futures

‘A fee-earner who has not complied with a court order to return documents taken from his former law firm has been handed a four-month suspended jail sentence for contempt.’

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Legal Futures, 21st June 2024

Source: www.legalfutures.co.uk

High court rules Home Office acted unlawfully over visa documents – The Guardian

Posted June 10th, 2024 in charities, documents, government departments, immigration, news, visas by tracey

‘The Home Office is facing a new Windrush-style scandal after a landmark high court ruling found that the home secretary acted unlawfully by failing to provide documents to thousands of migrants proving they are here legally.’

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The Guardian, 8th June 2024

Source: www.theguardian.com

Witness statements in England and Wales – OUT-LAW.com

Posted May 30th, 2024 in documents, evidence, news, witnesses by tracey

‘A witness statement is a written formal document used in litigation in the courts of England and Wales. A witness statement contains a person’s truthful own account of facts relating to issues arising in a dispute, which are within that person’s personal knowledge.’

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OUT-LAW.com, 29th May 2024

Source: www.pinsentmasons.com

The Basic Art of the Perfect Bundle – Pump Court Chambers

Posted May 22nd, 2024 in chambers articles, civil procedure rules, documents, news by sally

‘The provision and content of a bundle can make or break a trial. That might sound overly dramatic for something which on its face is a purely administrative task but a well-constructed and tactically considered bundle can make all the difference. A perfect bundle allows the advocate to seamlessly direct a Judge or witness to the relevant evidence. It allows documents to be compared where needed and ensures that all evidence can be read and understood by those involved in the trial or hearing.’

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Pump Court Chambers, 30th April 2024

Source: www.pumpcourtchambers.com

Service of prescribed documents – deemed or actual? – Nearly Legal

‘This is a note of a county court appeal on the issue of whether Section 7 Interpretation Act 1978 applied to the prescribed documents required to be given to the tenant before service of a section 21 notice – EPC, GSC, How to Rent Guide. This judgment is of particular interest because permission to appeal to the Court of Appeal has been given, so this will (eventually) be a matter for Court of Appeal authority.’

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Nearly Legal, 6th May 2024

Source: nearlylegal.co.uk

An assessment of the reliability requirement in the Electronic Trade Documents Act – The 36 Group

Posted April 24th, 2024 in chambers articles, documents, electronic commerce, news by sally

‘On 20 September 2023 the Electronic Trade Documents Act (ETDA) came into force. Formerly, in English law, document possession usually required physical possession. Now, the ETDA allows for “electronic trade documents” to be treated as equivalent to traditional “paper trade documents”, if they meet certain “gateway” criteria underpinned by a “reliable system”. In this article, we consider how the English courts are likely to approach interpretating this reliability requirement. Would any flaw in the system, no matter how short-lived and abnormal, render it unreliable? Or would a more detailed systemic analysis be needed? If so, what would that look like?’

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The 36 Group, 12th April 2024

Source: 36group.co.uk