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‘No smoke without fire. . .?’

10 June 2022 / Nicholas Dobson
Issue: 7982 / Categories: Features , Public
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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