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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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