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10 June 2022 / Nicholas Dobson
Issue: 7982 / Categories: Features , Public
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‘No smoke without fire. . .?’

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Nicholas Dobson reports on the burning issue of privacy for those under criminal investigation & freedom of expression for those reporting on it

In general, a person under criminal investigation has, before being charged, a reasonable expectation of privacy in respect of information relating to that investigation.


Proverbs frequently show how little we have changed across the ages. And the sharper the image, the greater its likely longevity. One adage, ‘there’s no smoke without fire’, suggests some probable truth in an accusation or rumour. In 1422, English poet Thomas Hoccleve put this as: ‘Wher no fyr maad is, may no smoke aryse’. Later, in 1576, romance writer George Pettie had it as: ‘There is no smoke but where there is some fire’.

Somewhat more recently, on 15 May 2020 Simon LJ in the Court of Appeal in ZXC v Bloomberg LP [2020] EWCA Civ 611, [2020] All ER (D) 97 (May) remarked that: ‘The law should recognise the human characteristic to assume the worst (that there is no smoke without

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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