Blog
The End of Leasehold Flats? A Breakdown of the Draft Commonhold and Leasehold Bill
Úna Campbell
27 November 2017
Inferring Advice: A helpful clarification on the extent of privilege
The recent case of Edwardian Group Ltd v Singh [2017] EWHC 2805 (Ch)(“Edwardian Group”) has clarified the extent to which privilege can be claimed over documents in which legal advice is not explicitly stated but can be inferred. At a time when a string of recent authorities have appeared to limit the scope of privilege (Director of the SFO v ENRC [2017] EWHC 1017 and RBS Rights Issue in particular), it is reassuring to see a decision which reinforces the fundamental protection provided by privilege and offers assistance to a party wishing to assert a claim.
22 November 2017
FCA: New Focus on Market Manipulation and Non-Equities Market Abuse
In a speech at the “Recent Developments in the Market Abuse Regime” conference Julia Hoggett, Director of Market Oversight at the Financial Conduct Authority (“the FCA”), signaled that the FCA will begin to focus on unearthing market manipulation and market abuse in markets outside the area of equities trading.
20 November 2017
Legal update: When an inquest is still necessary after criminal proceedings in order to comply with Article 2
In the recently reported case of R (Silvera) v HM Senior Coroner for Oxfordshire [2017] EWHC 2499 (Admin), the Divisional Court looked at the investigative duties placed on the state by Article 2 of the European Convention on Human Rights and the importance of the coronial process in ensuring that those duties have been met.
8 November 2017
Criminalising Children
Last week Sir James Munby called for the CPS to review its charging policy for children to divert them away from the criminal courts. Speaking at a lecture held by the Howard League for Penal Reform he suggested that the family courts could be provided with an enhanced jurisdiction to enable them to deal with some of the criminal cases currently dealt with by the Youth Court (the Youth Court currently deals with criminal cases involving young people aged 10 to 17. Cases involving more serious offences or involving an adult co-defendant will generally be dealt with in the Crown Court instead).
2 November 2017
Covert recordings and coercive behaviour - an area ripe for reform?
Last week, it was reported in broadsheet newspapers that Sir James Munby, the most senior family court judge in England and Wales, suggested that “widespread distrust […] of the competence or even the integrity of the family justice system and of the professionals involved in it” is one of the reasons for a rise in the use covert recordings among those involved in family court proceedings.
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