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Month: November 2018


29.11.18

Recoverability of CFA success fees in defamation and privacy claims to be abolished (but ATE to remain for now)

The government has announced that from 6 April 2019 conditional fee agreement (‘CFA’) success fees will no longer be recoverable from opponents in defamation and privacy claims.  The Ministerial Statement made by David Gauke the Lord Chancellor and Justice Secretary can be found here. CFAs – colloquially known as ‘no win, no fee’ agreements –…

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27.11.18

Doyle v Smith: Blogger’s public interest defence fails

In Doyle v Smith [2018] EWHC 2935 (QB), a parish councillor and blogger/citizen journalist, failed to defend a libel claim on the grounds that publication had been on a matter of public interest.  The case is the first example of a blogger seeking to rely on the statutory defence introduced by section 4 of the…

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26.11.18

Solicitor struck off following profanity-stricken tirade

Luke Stephen Venton has been struck off the Roll by the Solicitors Disciplinary Tribunal (‘SDT’) following convictions for drink driving and possession of a class B drug, failure to notify the Solicitors Regulation Authority (‘SRA’) about these convictions and offensive and threatening language in communications with the SRA, other solicitors and third parties. Mr Venton…

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Revised Code for Crown Prosecutors introduced

The Code for Crown Prosecutors has been revised as of October 2018 (‘the Code’) and is now in its eighth edition. The outgoing Director of Public Prosecutions, Alison Saunders unveiled amendments to the Code which she said were vital to ensure ‘defendants and complainants have trust in the criminal justice system and the public has…

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Lexis Nexis interview: Breaking injunctions via parliamentary privilege

Employment analysis: Lord Hain’s use of parliamentary privilege to name Sir Philip Green as the businessman at the centre of sexual harassment and bullying allegations polarised opinion. Iain Wilson, managing partner at Brett Wilson LLP, considers the legal issues around parliamentary privilege. What were the events that preceded Lord Hain using parliamentary privilege to name…

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16.11.18

Employer held liable for employee’s data breach, even though his objective was to damage them

On 22 October 2018, the Court of Appeal dismissed the supermarket chain’s appeal in the case of Various Claimants v WM Morrison Supermarkets PLC [2018] EWCA Civ 2339, where Morrisons had been held vicariously liable at first instance for a mass data breach caused by the criminal act of a rogue employee (see our blog…

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Ched Evans sues original trial lawyers

Ched Evans, the former Sheffield United football player, is suing his trial lawyers for professional negligence in an attempt to recoup lost earnings following his conviction for rape in 2012.  Prior to his conviction in April 2012 he was a striker for Sheffield United earning around £18,000 per week.  The Press Association have reported that…

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9.11.18

The Mail pays libel damages to Treasury Counsel over alleged errors in Ben Stokes prosecution

The Mail has agreed to pay libel damages and legal costs to Treasury Counsel Alison Morgan after suggesting that she was facing criticism for selecting the wrong charges in the prosecution of international cricketer Ben Stokes and responsible for a decision not to charge fellow England cricketer Alex Hales. An apology published in the Mail…

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5.11.18

Aaron Banks, Leave.EU, the NCA and the Electoral Commission

Last week, the Electoral Commission referred Brexit campaigner Aaron Banks, his 2016 organisation Leave.EU, and his senior colleague Liz Bilney to the National Crime Agency (NCA). The purpose of the investigation is to discover whether electoral laws were broken regarding Leave.EU’s referendum funding during 2016, and also whether Mr Banks and Ms Bilney knowingly concealed…

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1.11.18

Brett Wilson LLP recognised by Chambers and Partners 2019 as leaders in defamation and crime

Brett Wilson LLP is one of only 28 UK firms to be ranked for Defamation/Reputation Management in the 2019 edition of the Chambers and Partners directory. Within the department, Iain Wilson, Max Campbell and Alex Cochrane are individually recommended. The prestigious directory also acknowledges the firm as a recognised practitioner in Crime, including it on a…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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