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01 September 2016
Issue: 7712 / Categories: Case law
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Disclosure

Blue Holdings (1) Pte Ltd and another v National Crime Agency [2016] EWCA Civ 760, [2016] All ER (D) 42 (Aug)

Among other things, the Court of Appeal gave guidance, when considering an application to the court to prohibit the dealing with or disposal of assets within the jurisdiction made by the National Crime Agency (NCA), at the request of the central authority of a friendly foreign state by way of mutual legal assistance, as to the just balance to strike between the right of a respondent to such an application to inspect the request forming the jurisdictional basis of the court’s power to grant the order and the general confidentiality of executive state to state communications.

In doing so, the Court of Appeal, in the present case, allowed the appellants’ appeal to the extent necessary to show the property identified in the request. Disclosure and inspection should be given if the NCA or the requesting central authority (the United States Department of Justice) wished to pursue it; such disclosure and inspection could be achieved by way of a redacted

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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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