‘In the recent case of Willers v Joyce and others an application was brought by the winning party against the losing party’s counsel and solicitor following an unsuccessful claim for malicious prosecution.’
Practical Law Dispute Resolution Blog, 24th October 2019
‘Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 (2 October 2019) provides a ringing endorsement of the rule ‘once privileged, always privileged’. The Court of Appeal held that the defendant solicitors had a duty to uphold the privilege of a former client even though the former client was a company which had been dissolved. The court also held that the solicitors had acted properly in appearing by counsel to argue that the privilege should be upheld, even though the privilege was not the solicitors’ own privilege, and they did not have instructions from the former client. William Flenley QC, leading Adam Kramer, appeared for the successful solicitors.’
Hailsham Chambers, 7th October 2019
Source: www.hailshamchambers.com
‘For many common lawyers – certainly me – trusts and equity seem exotic things. At one point, I supposed the closest I would get to equity in action was by reading Bleak House, which in length and majesty even rivals some of the equity textbooks. But in this (as many other things) I was proved wrong. One cannot properly understand the law of assignment – a bedrock of the commercial construction lawyer’s practice – without comprehending equitable assignment. And it is at the outer fringes of assignment where one may bump – or even lapse – into trusts.’
Practical Law: Construction Blog, 9th October 2019
‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’
Local Government Lawyer, 1st Octoer 2019
Source: www.localgovernmentlawyer.co.uk
‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’
Hardwicke Chambers, 28th August 2019
Source: hardwicke.co.uk
‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’
4 KBW, 6th August 2019
Source: www.4kbw.net
‘In a decision described as a “victory for open justice”, the Supreme Court has held that non-parties to litigation are entitled to access certain documents from a trial to which it was not a party.’
UKSC Blog, 5th August 2019
Source: ukscblog.com
‘Campaigners, the media and others who are not parties to court proceedings should be permitted to access court documents as “the default position”, the UK’s highest court has ruled.’
OUT-LAW.com, 1st August 2019
Source: www.pinsentmasons.com
‘In Griffiths v (1) Chief Constable of Suffolk (2) Suffolk NHS Foundation Trust [2018] EWHC 2538 (QB), the High Court dismissed claims that the Chief Constable and the NHS Trust were negligent in breaching their duties of care or had breached human rights.’
UK Police Law Blog, 24th January 2019
Source: ukpolicelawblog.com
‘Another third-party bid to see documents used in a high-profile piece of litigation, this time involving the tobacco industry, has been successful.’
Litigation Futures, 17th January 2019
Source: www.litigationfutures.com
‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’
4 New Square, 11th December 2018
Source: www.4newsquare.com
‘Lessons can be learned in the financial services sector from the rush to update contracts to account for the General Data Protection Regulation (GDPR) taking effect earlier this year.’
OUT-LAW.com, 2nd November 2018
Source: www.out-law.com
‘The First-tier Tribunal (FTT) has “inherent jurisdiction” to give non-parties access to documents, its tax chamber has ruled in allowing KPMG to see documents from another case involving HM Revenue & Customs (HMRC).’
Litigation Futures, 12th September 2018
Source: www.litigationfutures.com
‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’
Litigation Futures, 9th August 2018
Source: www.litigationfutures.com
‘Motor insurers in the UK are to share the costs involved in meeting third party claims raised by victims of terrorist attacks involving vehicles.’
OUT-LAW.com, 26th July 2018
Source: www.out-law.com
‘Third party litigation funding is a growing industry in England and Wales, although the market remains largely unregulated.’
OUT-LAW.com, 19th July 2018
Source: www.out-law.com
‘Facebook has been ordered by a UK high court judge to reveal who told it to delete the profile of a jazz musician and his band, six months after he died.’
BBC News, 19th June 2018
Source: www.bbc.co.uk
‘The High Court was entitled to make a third-party costs order against the insurer involved in a group litigation, which required the insurer to cover the costs of all cases covered by the group litigation order (GLO) and not just those within the scope of its policy.’
OUT-LAW.com, 7th June 2018
Source: www.out-law.com
The only limit on the court’s discretion to make third-party costs orders against insurers is that it must be exercised justly, the Court of Appeal has ruled.
Litigation Futures, 31st May 2018
Source: www.litigationfutures.com
‘Dogs and property throw up some of the more unusual and difficult issues on which a police lawyer is asked to advise. In the decision of Henderson v Comr of Police of the Metropolis [2018] EWHC 666 (Admin) and the subsequent costs decision at [2018] EWHC 1092 (Admin), the court visited two issues – the standing of a person to intervene in a case concerning the destruction of a potentially prohibited breed and kennelling costs during the course of an appeal by way of case stated / judicial review to the High Court.’
UK Police Law Blog, 22nd May 2018
Source: ukpolicelawblog.com
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