No duty of care to disclose to pregnant daughter father’s genetic disease – High Court – UK Human Rights Blog

‘In short, in 2007 the claimant’s father (‘F’) shot and killed the claimant’s mother. He was convicted of manslaughter on grounds of diminished responsibility and detained at a hospital run by the second defendant. In 2009 St George’s Hospital diagnosed him as suffering from Huntington’s disease.’

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UK Human Rights Blog, 20th May 2015

Source: www.ukhumanrightsblog.com

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Publication of the Black Spider Memos: a hollow victory? – Halsbury’s Law Exchange

‘On 13th April, the Guardian were finally able to publish the ‘black spider memos,’ private correspondence between Prince Charles and several government departments between September 2004 and March 2005.’

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Halsbury’s Law Exchange, 18th May 2015

Source: www.halsburyslawexchange.co.uk

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Companies House and the £9m typo – OUP Blog

Posted May 19th, 2015 in appeals, company law, damages, disclosure, mistake, news by sally

‘Conducting business through a company provides tremendous benefits. The price to be paid for these benefits is disclosure – companies are required to disclose substantial amounts of information, with much of this information being disclosed to Companies House. Every day, suppliers, creditors, potential investors, credit agencies and other persons utilise information provided by Companies House to make informed commercial decisions. It is therefore vital that when Companies House records this information into the register of companies, that it is recorded accurately, with the recent case of Sebry v Companies House [2015] EWHC 115 (QB) providing a stark example of the disastrous consequences that can occur if information is incorrectly recorded.’

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OUP Blog, 19th May 2015

Source: http://blog.oup.com

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Judges unveil streamlined trial procedures for commercial cases – Litigation Futures

‘A committee of High Court judges, joined by a leading QC and City solicitor, has revealed its recommendations for faster trials of commercial disputes.’

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Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

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Independent Parliamentary Standards Authority v Information Commissioner and another – WLR Daily

Posted May 11th, 2015 in disclosure, expenses, freedom of information, law reports, parliament by sally

Independent Parliamentary Standards Authority v Information Commissioner and another [2015] EWCA Civ 388; [2015] WLR (D) 194

‘A journalist who, under the Freedom of Information Act 2000, requested information in three invoices submitted by Members of Parliament as expenses claims was entitled to redacted copies of the documents themselves, not merely to a transcript of information contained in those documents, because the transcripts did not provide all the information which the statutory public authority was obliged to disclose to the requester.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

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Judge fires costs warning in face of “documentary carpet bombing” – Litigation Futures

Posted May 7th, 2015 in civil procedure rules, costs, disclosure, documents, news by sally

‘A High Court judge has hit out at the “documentary carpet bombing” he faced in a negligence claim before him and warned litigants of the costs consequences that such behaviour can trigger.’

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Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

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High Court: No relief from sanctions for “serial offenders” – Litigation Futures

Posted May 1st, 2015 in civil procedure rules, disclosure, law firms, news, time limits by tracey

‘A High Court judge has upheld a decision refusing relief from sanctions because the solicitors involved were “serial offenders” in breaking the rules during the case.’

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Litigation Futures, 30th April 2015

Source: www.litigationfutures.com

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ISPA-Daisy – Panopticon

Posted April 29th, 2015 in disclosure, freedom of information, news by sally

‘It has been said in the recent past that FOIA is sexy. We at 11KBW know all too well how difficult it can be to maintain a constant level of supreme attractiveness. Like all sexy beasts, even FOIA can have a day on which even its own mother would struggle would struggle to describe it as worthy of a second glance. The decision of the Court of Appeal in The Independent Parliamentary Standards Authority v ICO & Leapman [2015] EWCA Civ 388 might be thought to be one of FOIA’s off-days.’

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Panopticon, 28th April 2015

Source: www.panopticonblog.com

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Ipsa loses court of appeal challenge over MPs’ expenses – The Guardian

Posted April 28th, 2015 in appeals, disclosure, documents, expenses, freedom of information, news, parliament by sally

‘The regulatory body set up after the MPs’ expenses scandal has lost a test case challenge in the court of appeal against an order that it must release copies of receipts and invoices submitted by politicians.’

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The Guardian, 28th April 2015

Source: www.guardian.co.uk

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Consent to treatment – Hailsham Chambers

Posted April 20th, 2015 in codes of practice, consent, disclosure, doctors, medical treatment, negligence, news by sally

‘Medicine is a changing field, and the way it is practised is in many ways unrecognisable today from 30 years ago. Diagnostic techniques have improved. The technology is better. New drugs come onto the market. Patients are better informed. Less and less are patients inclined to take the stance that “doctor knows best”. There is a plethora of information available through the internet enabling patients to obtain information about symptoms, investigations, treatment options, risks and side-effects; there are patient support groups; healthcare institutions issue leaflets; pharmaceutical products are labelled and contain data sheets intended to give the public information, including in relation to risks; there is a constant raising of awareness of medical accidents and perceived inadequacies of healthcare provision through the media including social media. Whistle-blowing legislation protects those within the health service who wish to remove the veil from poor standards in hospital. And there have been some high-profile inquiries and reports which have revealed severely substandard practice in some places, two obvious examples being North Staffordshire and Morecambe Bay. The result is that the person who walks through the door of a consulting room today is likely to be very different to the person who walked in 30 years ago: better informed, cannier, more suspicious perhaps, more demanding, less resigned.’

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Hailsham Chambers, 26th March 2015

Source: www.hailshamchambers.com

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CS v ACS and another – WLR Daily

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

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Birdseye and another v Roythorne & Co and others – WLR Daily

Birdseye and another v Roythorne & Co and others [2015] EWHC 1003 (Ch); [2015] WLR (D) 169

‘It remained the case that a person had to establish as a prima facie case that he was a beneficiary before there could be any question of the court requiring a trustee or executor to disclose documents which would be protected by privilege if the applicant were not a beneficiary.’

WLR Daily, 15th April 2015

Source: www.iclr.co.uk

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Water companies are public authorities and must therefore disclose environmental information – UK Human Rights Blog

‘Water and sewage utility companies are “public authorities” for the purposes of the environmental information regulations, and are bound by them accordingly, the Administrative Appeals Chamber of the Upper Tribunal has ruled.’

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UK Human Rights Blog, 16th April 2015

Source: www.ukhumanrightsblog.com

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R (on the application of Evans) and another (Respondents) v Attorney General (Appellant) – Supreme Court

R (on the application of Evans) and another (Respondents) v Attorney General (Appellant) [2015] UKSC 21 (YouTube)

Supreme Court, 26th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Whistleblowing ‘public interest’ test can cover internal matters in some circumstances, says UK’s EAT – OUT-LAW.com

‘Matters covered by someone who ‘blows the whistle’ on suspected bad practices at their employer need not necessarily be “of interest to the public” to benefit from stricter rules governing whistleblower protection, the UK’s Employment Appeal Tribunal (EAT) has said.’

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OUT-LAW.com, 13th April 2015

Source: www.out-law.com

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Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – UK Human Rights Blog

‘Department of Health v. Information Commissioner et al [2015] UKUT 159, 30 March 2015, Charles J read judgment Simon Lewis requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Mr Lewis’s interest in all this is not revealed in the judgment, but I dare say included seeing whether the Minister was being lobbied by private companies eager to muscle in on the NHS in this critical period. But such is the nature of FOIA litigation that it does not really look at the motive of the requester – and this case does not tell us what the diary showed. Indeed by the time of this appeal, Lewis was untraceable, and the burden of the argument in favour of disclosure was taken up by the Information Commissioner.’

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UK Human Rights Blog, 10th April 2015

Source: www.ukhumanrightsblog.com

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Alison Young: R (Evans) v Attorney General [2015] UKSC 21 – the Anisminic of the 21st Century? – UK Constitutional Law Association

‘On Thursday 26th March the Supreme Court concluded, to the delight of The Guardian and the dismay of the Prime Minister, that communications between Prince Charles and government Ministers – the so-called ‘black spider memos’ – should be released. This has been a long saga, involving issues of freedom of information, discussion of constitutional conventions surrounding the behaviour of a Monarch in training, which now also includes the principle of legality and the nature of the relationship between parliamentary sovereignty and the rule of law. Such a cornucopia of delights for constitutional lawyers guarantees that the case has earned its place in the ‘Constitutional law Case list Hall of Fame’, with the promise of further delight as the memos, once released and savoured, cast an insight into the relationship between the Crown and the Government.’

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UK Constitutional Law Association, 31st March 2015

Source: www.ukconstitutionallaw.org

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Untangling the spider’s web: Evans at the Supreme Court – Halsbury’s Law Exchange

‘On Friday, 27th March, the Supreme Court handed down a decision which will be as much of interest to public lawyers as information rights practitioners alike. Evans, a journalist for the Guardian newspaper utilised the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 to seek the disclosure of letters sent by Prince Charles to seven government departments between September 2004 and March 2005. The departments refused to disclose the letters (so-called “black spider” memos on account of the Prince’s handwriting) on the basis that they were exempt from doing so. In their view the letters represented private correspondence which effectively allowed the Prince to prepare for “kingship.” Evans subsequently complained to the Information Commissioner who upheld the refusal before appealing to the Information Tribunal. The Tribunal held that many of the letters should be disclosed as they constituted “advocacy correspondence.”’

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Halsbury’s Law Exchange, 31st March 2015

Source: www.halsburyslawexchange.co.uk

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The Tale of the Black Spider: The Supreme Court speaks – UK Human Rights Blog

‘And so, the long legal saga of the Black Spider Letters finally comes to a close.

I last blogged about this case back in October 2012. At that time, the Attorney General had ignited controversy by invoking a little-known power under section 53 of the Freedom of Information Act 2000 (FOIA).’

Full story

UK Human Rights Blog, 27th March 2015

Source: www.ukhumanrightsblog.com

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The New FA Football Intermediaries Regulations and the Disputes Likely to Arise – Blackstone Chambers

Posted March 30th, 2015 in agency, conflict of interest, disclosure, news, regulations, sport by sally

‘The FA Regulations on working with Intermediaries (‘FA Intermediaries Regulations’) come into force on 1 April 2015. They put into force FIFA’s Intermediaries Regulations, with some important variations and, with them, apparently signal the abolition of the licensed football agent.’

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Blackstone Chambers, 27th March 2015

Source: www.blackstonechambers.com

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