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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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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