Public access barrister wins appeal after BSB evidence blunder – Law Society’s Gazette

Posted January 22nd, 2015 in appeals, barristers, disciplinary procedures, disclosure, evidence, news by sally

‘A public access barrister disbarred for fabricating client letters has won his appeal after the Bar Standards Board was found to have withheld crucial evidence.’

Full story

Law Society’s Gazette, 20th January 2015

Source: www.lawgazette.co.uk

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Court of Appeal: BSB official “blind to any sense of fairness” in disciplinary prosecution – Legal Futures

‘The Court of Appeal has criticised in the strongest language the behaviour of an official at the Bar Standards Board (BSB) responsible for “subverting the rules” on disclosure.’

Full story

Legal Futures, 21st January 2015

Source: www.legalfutures.co.uk

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How to apply the DPA – Panopticon

Posted January 16th, 2015 in data protection, disclosure, freedom of information, necessity, news by sally

‘Section 40 of FOIA is where the Freedom of Information Act (mantra: disclose, please) intersects with the Data Protection Act 1998 (mantra: be careful how you process/disclose, please).’

Full story

Panopticon, 15th January 2015

Source: www.panopticonblog.com

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Asking for relief – NearlyLegal

‘This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting.’

Full story

NearlyLegal, 10th January 2015

Source: www.nearlylegal.co.uk

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Call for publication of review into man who killed himself after benefits cut – The Guardian

Posted January 12th, 2015 in benefits, disabled persons, disclosure, inquiries, mental health, news, reports, suicide by sally

‘The sister of a partially sighted man who killed himself after his benefits were cut is calling on the UK government to publish details of its review into his case, one of 60 internal investigations of suicides linked to benefit changes it has carried out since 2012.’

Full story

The Guardian, 11th January 2015

Source: www.guardian.co.uk

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Recovering Inquest Costs in Civil Proceedings – Zenith PI Blog

Posted December 17th, 2014 in costs, damages, disclosure, inquests, legal representation, murder, news, proportionality by sally

The Senior Court Cost Office has handed down a decision in the above case offering additional guidance as to when and what costs of attending an inquest can be recovered in subsequent civil proceedings.

Full story

Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

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Commons watchdog will publish names of MPs facing expenses investigation – Daily Telegraph

Posted December 16th, 2014 in disclosure, expenses, media, news, parliament, privacy, private hearings by tracey

‘IPSA will name MPs who face investigation into their expenses, but they will be able to have the hearings in private.’

Full story

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

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DWP urged to publish inquiries on benefit claimant suicides – The Guardian

‘The Department for Work and Pensions has been urged by mental health and disability charities to publish its secret investigations into suicides that may have some link to benefit changes, following revelations that it has carried out internal reviews into 60 such cases.’

Full story

The Guardian, 14th December 2014

Source: www.guardian.co.uk

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Judicial reviews: a decision that’s best left to judges – The Guardian

‘The justice secretary wants to restrict access to judicial reviews, but judging the lawfulness of executive action should not be a matter for the executive.’

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The Guardian, 10th December 2014

Source: www.guardian.co.uk

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Public access barrister named as ‘a risk’ to clients – Law Society’s Gazette

Posted December 9th, 2014 in barristers, complaints, disciplinary procedures, disclosure, legal ombudsman, news by sally

‘The Legal Ombudsman has taken the unprecedented step of naming a lawyer who has been subject to 25 complaints in the past two years.’

Full story

Law Society’s Gazette, 9th December 2014

Source: www.lawgazette.co.uk

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Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) – WLR Daily

Posted December 8th, 2014 in appeals, case management, disclosure, law reports by sally

Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) [2014] UKSC 65; [2014] WLR (D) 515

‘The standard form of disclosure ordered at a case management hearing normally required a personal signature by the party making the disclosure. It would be inappropriate for an appellate court to interfere with the case management decision of a first instance judge unless it were outside the generous ambit within which reasonable decision-makers might disagree.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

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The Judiciary, the Executive and Parliament: Relationships and the Rule of Law – Speech by Lord Chief Justice

The Judiciary, the Executive and Parliament: Relationships and the Rule of Law (PDF)

Speech by Lord Chief Justice

Institute for Government, 1st December 2014

Source: www.judiciary.gov.uk

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Regina (Joicey) v Northumberland County Council – WLR Daily

Posted December 2nd, 2014 in disclosure, documents, energy, law reports, local government, noise, planning by sally

Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506

‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

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Supreme Court agrees to hear case on breach of unless order – Litigation Futures

‘The Supreme Court is to consider the consequences of failing to comply with an unless order for a second time, it has emerged.’

Full story

Litigation Futures, 28th November 2014

Source: www.litigationfutures.com

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Attorney general’s rejection of ruling on Charles letters was unlawful, court told – The Guardian

Posted November 25th, 2014 in attorney general, disclosure, documents, news, royal family, Supreme Court, trials, veto by sally

‘The government’s most senior legal adviser acted unlawfully when he overrode a court and blocked the publication of secret letters written by Prince Charles, the supreme court has been told.’

Full story

The Guardian, 25th November 2014

Source: www.guardian.co.uk

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Information even unlawfully obtained is admissible to the GMC – UK Human Rights Blog

Posted November 24th, 2014 in disciplinary procedures, disclosure, doctors, evidence, human rights, news, police by sally

‘The High Court has ruled that although information obtained unlawfully by the police is admissible in regulatory proceedings (even if not in criminal proceedings), it “carries little weight” in the assessment of competing interests required by Article 8(2).’

Full story

UK Human Rights Blog, 23rd November 2014

Source: www.ukhumanrightsblog.com

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Prince Charles letters row: Supreme Court to hear case – BBC News

Posted November 24th, 2014 in confidentiality, disclosure, freedom of information, news, royal family, veto by sally

‘The Supreme Court is set to consider whether letters from Prince Charles to the government should be made public.’

Full story

BBC News, 24th November 2014

Source: www.bbc.co.uk

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CPS decide no criminal charges should be brought following investigation into police actions in relation to the Kevin Nunes murder trial – Crown Prosecution Service

‘Operation Kalmia 2 was an investigation to determine whether any offences had been committed in connection with Staffordshire Police’s handling of disclosure of unused material in a prosecution (relating to the death of Kevin Nunes), which resulted in the convictions for murder in the subsequent criminal proceedings being quashed by the Court of Appeal. Following an investigation led by Chief Constable of Derbyshire Mick Creedon and managed by the Independent Police Complaints Commission (IPCC), the Crown Prosecution Service (CPS) was asked to consider allegations in relation to two matters relating to the handling of the murder trial.’

Full press release

Crown Prosecution Service, 19th November 2014

Source: www.cps.gov.uk

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Plevin v Paragon Personal Finance Ltd and another – WLR Daily

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin v Paragon Personal Finance Ltd and another [2014] UKSC 61; [2014] WLR (D) 487

‘An agreement for payment protection insurance was unfair within the meaning of section 140A of the Consumer Credit Act 1974, as inserted, when the debtor had not been told, before concluding the agreement, that over 70% of the one-off £5,780 premium would be used to pay commission to various parties.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

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Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) – Supreme Court

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) [2014] UKSC 61 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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