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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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