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23 February 2012
Issue: 7502 / Categories: Case law , Law reports , In Court
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Disclosure— Privilege against self-incrimination—Confidential information

Coogan v News Group Newspapers Ltd and another; Phillips v News Group Newspapers and another [2012] EWCA Civ 48, [2012] All ER (D) 12 (Feb)

Court of Appeal, Civil Division, Lord Judge CJ, Lord Neuberger MR and Maurice Kay LJ, 1 Feb 2012

In the context of unlawfully intercepted mobile telephone voicemail messages, s 72 of the Senior Courts Act 1981 (SCA 1981) will be invoked where it is established that a significant amount of confidential information is ordinarily, or is around the time of the interception, included in the messages.

Gavin Millar QC and Alexandra Marzec (instructed by Payne Hicks Beach) for M. Jeremy Reed (instructed by Schillings) for C. Jeremy Reed (instructed by Taylor Hampton) for P. Thomas de la Mare (instructed by the Treasury Solicitor) for the Secretary of State for Business Innovation and Skills, interested party.

The second defendant, M, had been a private investigator engaged by the first defendant newspaper publisher, NGN. The first claimant, C, was a well-known comedian. The second claimant, P,

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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