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30 April 2021
Issue: 7930 / Categories: Legal News , Disclosure , Technology , Criminal
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NLJ this week: Justice in the age of the smartphone

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There’s a new legislative tool in town and it could be a game changer for criminal lawyers, Kingsley Napley criminal litigation partners Sandra Paul and Rebecca Niblock write in NLJ this week.

New guidance and a recent case address the vexing issues of whether a complainant should be required to give their mobile phone to investigators and how the police and prosecution should handle such vast reams of data.

‘From a defence lawyer’s perspective, [the case’s] (implicit) weighing of the Art 8 rights of complainants against suspects’ right to fair trial has tipped the scales into potential injustice,’ they write.

‘If no complaint or judicial notice arises from a complainant deliberately deleting relevant data, it is difficult to see how the right to a fair trial is preserved for the defendant.’

Paul and Niblock take a comprehensive look at the questions that arise and the potential approaches available.

Issue: 7930 / Categories: Legal News , Disclosure , Technology , Criminal
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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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