Disclosure

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Lawyers’ groups have called on the Lord Chancellor to think again on early disclosure plans in criminal investigations or risk them failing before they even begin.

A survey of 250 litigation lawyers has uncovered concerns about the disclosure pilot scheme (DPS), currently underway in the business and property courts.

There’s a new legislative tool in town and it could be a game changer for criminal lawyers, Kingsley Napley criminal litigation partners Sandra Paul and Rebecca Niblock write in NLJ this week.

Sandra Paul & Rebecca Niblock investigate a new legislative tool that could be a potential game-changer

Court of Appeal criticises ‘egregious’ failures of disclosure & investigation

Foreign companies under investigation by the Serious Fraud Office (SFO) cannot be compelled to produce material held overseas, the Supreme Court has unanimously held

Disclosure requirements can extend to work-related emails and messages on an employee’s personal phone or other device, the Court of Appeal has held.

Litigation specialists present their views on how the Disclosure Pilot Scheme is working for judges and lawyers, in this week’s NLJ

The Disclosure Pilot Scheme: an analysis of eDisclosure trends in England and Wales by Tracey Stretton, Mark Surguy and Johnny Shearman

US discovery for foreign proceedings: a playbook for UK practitioners? David J Stute & Alexis N Wansac report

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MOVERS & SHAKERS

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Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS

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Public Accounts Committee warn of ‘extinction’ risk for legal aid

The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned

NLJ this week: The insider returns

Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome

NLJ this week: Drawing the line on contempt

After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights

NLJ this week: Stop and search by the numbers

The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains

NLJ this week: Looking back on the prorogation that never was

Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously

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Disclosure

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Morgan Lewis—Kat Gibson

Foot Anstey McKees—Chris Milligan & Michael Kelly