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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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