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Nightmare on Disclosure Street

16 March 2018 / Dr Jon Robins
Issue: 7785 / Categories: Features
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The Director of Public Prosecution’s disclosure nightmare seems to be getting worse by the week. Jon Robins reviews the evidence

A recent BBC survey revealed that 97% of criminal defence lawyers had encountered disclosure failures in the last 12 months. Since the botched prosecution of Liam Allan collapsed before Christmas, the Director of Public Prosecution’s disclosure nightmare seems to be getting worse by the week.

The case against the 22-year-old criminology student was dropped three days into the trial at Croydon Crown Court when police were forced to disclose a wealth of digital evidence comprising some 40,000 messages which revealed, amongst other things, that the alleged victim had pestered the young man for ‘casual sex’.

Speaking to the BBC Radio 4’s Today programme, Alison Saunders was asked if it was a possibility that there were people in prison today as a result of disclosure problems. ‘I don’t think so’, she replied, ‘because what these cases show is that when we take a case through to trial there are various safeguards in place, not least of which

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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