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17 January 2019
Issue: 7824 / Categories: Case law , In Court , Law digest
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Weekly law digests

Disclosure

R (on the application of British American Tobacco (UK) Ltd and other companies) v Secretary of State for Health and other applications (Action on Smoking and Health intervening) [2018] EWHC 3586 (Admin), [2019] All ER (D) 11 (Jan)

Court documents from the claimants’ judicial review proceedings, seeking to have declared unlawful legislation that the defendant was proposing to introduce regulating the packaging of tobacco products, were to be disclosed to the applicant non-governmental organisation that promoted tobacco control measures and legislation worldwide, and thereby into the public domain. The Administrative Court had an inherent jurisdiction to order disclosure and it was immaterial that the documents sought might, technically, not all fall within the scope of the CPR.

Divorce

Quan v Bray and others [2018] EWHC 3558 (Fam), [2019] All ER (D) 07 (Jan)

On the evidence, the first respondent husband had the capacity to receive very significant fee award, on a fully commercial arms-length basis, for financial advisory work for the third respondent trust. Accordingly, the Family Division held, among

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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