High Court tests the limits of confidentiality in EC infringement decisions – Competition Bulletin from Blackstone Chambers

Posted October 30th, 2014 in airlines, confidentiality, disclosure, EC law, judgments, news, price fixing by sally

‘The European Commission came in for some stern criticism from the High Court this week, in a case which looks set to test the boundaries of confidentiality in EC infringement decisions: see Emerald Supplies v BA [2014] EWHC 3515 (Ch).’

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Competition Bulletin from Blackstone Chambers, 30th October 2014

Source: www.competitionbulletin.com

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Adoption and access to family history – Law Society’s Gazette

Posted October 13th, 2014 in adoption, confidentiality, disclosure, families, local government, news by sally

‘Life is a mysterious journey, often attended with hazards matching those in The Lord of the Rings. However, as TV programmes such as Who Do You Think You Are? illustrate, we all have a deep need to understand our place in the world and how we came to inhabit our own ‘mortal coil’. This can be particularly poignant for adopted people and their successors.’

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Law Society’s Gazette, 13th October 2014

Source: www.lawgazette.co.uk

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No loss of confidence – establishing causation in confidential information claims – RPC Privacy Law

‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’

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RPC Privacy Law, 7th October 2014

Source: www.rpc.co.uk

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Former Times lawyer loses appeal against SDT – Law Society’s Gazette

‘A former legal director of Times Newspapers Ltd was guilty of “recklessly” rather than “knowingly” misleading the court in relation to litigation over revelations about the “NightJack” blogger, the High Court has ruled.’

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Law Society’s Gazette, 12th September 2014

Source: www.lawgazette.co.uk

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Royal hoax phone call inquest: Nurse ‘took own life’ – BBC News

Posted September 12th, 2014 in confidentiality, hospitals, inquests, media, news, nurses, pregnancy, royal family, suicide by tracey

‘A nurse who put through a hoax phone call at a hospital where the Duchess of Cambridge was being treated took her own life, a coroner has concluded.’

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BBC News, 12th September 2014

Source: www.bbc.co.uk

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Data protection and journalism – ICO publishes guidance – Panopticon

‘The Information Commissioner has today published his keenly anticipated guidance on ‘Data Protection and Journalism: A Guide for the Media’. The guidance has been published following a lengthy consultative process and in response to a recommendation made in the Leveson report.’

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Panopticon, 4th September 2014

Source: www.panopticonblog.com

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M v Times Newspapers Ltd and others – WLR Daily

M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371

‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

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What is the point of victim impact statements? – The Independent

Posted August 6th, 2014 in bereavement, confidentiality, data protection, evidence, judges, murder, news, parole, victims by sally

‘A parole judge has apologised to bereaved parents for saying that victim impact statements make no difference. So what are they really for? Paul Gallagher finds out.’

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The Independent, 6th August 2014

Source: www.independent.co.uk

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Evidence during FOI disputes can be provided in secret, rules Court of Appeal – OUT-LAW.com

‘Public bodies defending a decision to withhold information requested under freedom of information (FOI) laws can submit evidence to an information rights tribunal in secret, the Court of Appeal has ruled.’

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OUT-LAW.com, 4th August 2014

Source: www.out-law.com

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Police chiefs end clampdown on whistleblowers to the media – The Guardian

‘Police chiefs have ended a clampdown on whistleblowers to the media with a new code of ethics that puts officers under a “positive obligation” to challenge failings by their colleagues and their bosses.’

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The Guardian, 15th July 2014

Source: www.guardian.co.uk

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High Court rules that identity of client is covered by privilege – Legal Futures

Posted July 11th, 2014 in anonymity, confidentiality, disclosure, internet, law firms, news, privilege by sally

‘The High Court has rejected a bid to force a law firm to disclose the identity of a former client who revealed confidential information in an anonymous blog.’

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Legal Futures, 11th July 2014

Source: www.legalfutures.co.uk

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Vanity cases? – New Law Journal

‘Employees & cosmetic surgery: Sarah Johnson reports.’

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11th June 2014

Source: www.newlawjournal.co.uk

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Public Engagement and Commercial Confidentiality – Oil and Water? – Hardwicke Chambers

‘CCGs may face pressure to disclose information about commissioning in at least four ways. From:

Their duties to involve the public in “planning of the commissioning arrangements by the group” (s14 Z2 National Health Service Act 2006).
Their duties to involve individual patients in “their care or treatment” (s14U National Health Service Act 2006).
Applications to provide information under the Freedom of Information Act 2000.
Applications for disclosure, as part of litigation brought by failed tenderers following procurement exercises.’

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Hardwicke Chambers, 10th April 2014

Source: www.hardwicke.co.uk

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Documents remained privileged when they were sent on to third party’s work email address, High Court rules – OUT-LAW.com

‘Highly confidential documents that were subject to legal professional privilege (LPP) did not lose this status when they were emailed by a party to his girlfriend, who then forwarded them to and accessed them through her work email account, the High Court has ruled.’

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OUT-LAW.com, 28th April 2014

Source: www.out-law.com

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Prince Charles’s letters: recipients’ identities must stay secret, say lawyers – The Guardian

Posted February 27th, 2014 in appeals, confidentiality, disclosure, freedom of information, news, royal family, veto by sally

‘The identities of the ministers who received confidential letters from Prince Charles promoting his personal views must remain concealed, government lawyers argued on Wednesday.’

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The Guardian, 26th February 2014

Source: www.guardian.co.uk

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ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

Posted January 29th, 2014 in appeals, confidentiality, disclosure, EC law, freedom of movement, immigration, news by sally

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

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Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’

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OUT-LAW.com, 28th January 2014

Source: www.out-law.com

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Force India and Damages for Misuse of Confidential information – Sports Law Bulletin from Blackstone Chambers

Posted January 21st, 2014 in confidentiality, contracts, damages, news, sport by sally

‘In the world of Formula 1 (“F1”), millions of pounds can be won or lost over the matter of a few seconds. Mega-rich companies compete to create faster cars, carefully guarding any information that might shave a few moments off a model’s time. The aerodynamism of a F1 model is crucial to this time performance, and it transpires, also useful for generating questions on the misuse of confidential information.’

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Sports Law Bulletin from Blackstone Chambers, 21st January 2014

Source: www.sportslawbulletin.org

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Personal data and fitness to practice investigations – Tribunal overturns ‘neither confirm nor deny’ position – Panopticon

‘When an identifiable individual has been the subject of a formal complaint about their competence or conduct, that fact constitutes their personal data. In terms of privacy/publicity decisions, such situations are often approached in this way: where the complaint is well founded or at least merits serious consideration, publication is warranted, but otherwise confidentiality is maintained, lest unjustified aspersions be cast against that person.’

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Panopticon, 17th January 2014

Source: www.panopticonblog.com

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Trains, pains and allegations: fairness in medical misconduct cases – UK Human Rights Blog

‘This appeal by Dr Chhabra was concerned with the roles of the case investigator and the case manager when handling concerns about a doctor’s performance under the disciplinary procedures introduced over eight years ago for doctors and dentists in the National Health Service. The national policy framework is known as ‘Maintaining High Professional Standards in the Modern NHS’ (MHPS), which the Trust had implemented through its own policies.’

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UK Human Rights Blog, 19th January 2014

Source: www.ukhumanrightsblog.com

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