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12 July 2012
Issue: 7522 / Categories: Legal News
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PIs under surveillance

Mulcaire & colleagues to face greater scrutiny

MPs have called for private investigators to be licensed and regulated to deter rogue practitioners.

A report by the House of Commons Home Affairs Select Committee, published last week, revealed between 2,000 and 10,000 private investigators are operating in the UK—the exact number is not known.

The Committee recommended that a “robust” licensing and registration system be set up as soon as possible, called on the government to strengthen the penalties for data offences, and proposed that the Independent Police Complaints Commission take over investigations in cases where police corruption is alleged.

Peter Taylor, a private investigator with Privatedetective.co.uk, says: “Current penalties for Data Protection Act breaches are woefully inadequate, with a typical fine for doing so not likely to be more than around £100. Licensing will pave the way for far stiffer penalties, as rogue operators are faced with the prospect of losing their licensing and the right to trade as a private investigator.”

Meanwhile, the Supreme Court last week unanimously dismissed private investigator Glenn Mulcaire’s appeal over voicemail messages of Nicola Phillips, an employee of public relations consultant Max Clifford.

The ruling, Phillips v Mulcaire [2012] UKSC 28, means Mulcaire may now have to reveal who at the News of the World instructed him to intercept Phillips’ voicemail and to which journalist the information was passed.

Mulcaire had relied on the legal privilege against self-incrimination in civil proceedings.

However, Phillips successfully argued that s 72 of the Senior Courts Act 1981 excluded that privilege.

Mulcaire was imprisoned five years ago along with former News of the World royal editor Clive Goodman for conspiring to hack into royal aides’ voicemails.

Issue: 7522 / Categories: Legal News
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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

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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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