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NLJ this week: Critiquing the Fisher review on disclosure in the digital era

20 June 2025
Issue: 8121 / Categories: Legal News , Disclosure , Technology , Procedure & practice , Fraud
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Jonathan Fisher KC was asked to lead an independent review into disclosure and fraud offences in the paper-heavy digital era, following the collapse of high-profile fraud prosecutions due to disclosure failings. In this week’s NLJ, Neil Swift, partner, Fred Kelly, senior associate, and Zainab Bhadelia, associate, Peters & Peters, present a thorough analysis and critique of Fisher KC’s findings and recommendations

In particular, Swift, Kelly and Bhadelia look at the recommendations for greater use of technology, on the relevance test, return of defendant’s materials, for a ‘bespoke intensive disclosure regime’, and ‘keys to the warehouse’ approach.

They write: ‘Investment in the short-term through the provision of adequate training, resourcing and funding will lead to long term efficiencies.’

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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