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16 March 2018 / Dr Jon Robins
Issue: 7785 / Categories: Features
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Nightmare on Disclosure Street

The Director of Public Prosecution’s disclosure nightmare seems to be getting worse by the week. Jon Robins reviews the evidence

A recent BBC survey revealed that 97% of criminal defence lawyers had encountered disclosure failures in the last 12 months. Since the botched prosecution of Liam Allan collapsed before Christmas, the Director of Public Prosecution’s disclosure nightmare seems to be getting worse by the week.

The case against the 22-year-old criminology student was dropped three days into the trial at Croydon Crown Court when police were forced to disclose a wealth of digital evidence comprising some 40,000 messages which revealed, amongst other things, that the alleged victim had pestered the young man for ‘casual sex’.

Speaking to the BBC Radio 4’s Today programme, Alison Saunders was asked if it was a possibility that there were people in prison today as a result of disclosure problems. ‘I don’t think so’, she replied, ‘because what these cases show is that when we take a case through to trial there are various safeguards in place, not least of which

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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