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24 July 2013
Issue: 7570 / Categories: Case law , Law digest , In Court
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Disclosure

Tchenguiz and another and another case v Director of the Serious Fraud Office [2013] EWHC 2128 (QB), [2013] All ER (D) 235 (Jul)

The Serious Fraud Office (SFO) issued an application seeking: “a declaration that [the SFO] is not prevented by the provisions of the [Criminal Justice Act 1987 (CJA 1987)] from giving disclosure in this action of documents received from third parties in response to notices under s 2 of the CJA 1987 and permitting inspection of such disclosed documents”. The court ruled that the duty of confidence that existed where the police or any other public authority used compulsory powers to obtain information and documents from the citizen was subject to any order of the court, at least in the absence of clear statutory wording to the contrary. The language of CJA 1987 itself did not contain any express prohibition and although not necessarily determinative was an important place to start. Further, an implied restriction was not necessary or proper. Although there was no direct authority on the matter, any authorities that there were pointed against an absolute bar. It followed that the SFO was not

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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