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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Good Things Come to Those Who (Have Inherent) Weight – Panopticon

Posted October 30th, 2014 in appeals, disclosure, freedom of information, news, public interest, tribunals by sally

‘Philosophically, everything must have an inherent weight. Otherwise it would have no weight at all. But FOIA is not concerned with philosophy; it is much more concerned with who is in charge of the sheep dip, and indeed the levels of public funding for the sheep being dipped. (No points for spotting that reference, Bruce.) As a result, there are often debates in the FOIA case law about whether a particular qualified exemption contains an inherent weight, i.e. is the fact that the exemption is engaged at all sufficient to place some weight in the public interest balance against disclosure? The answer varies according to the particular exemption.’

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Panopticon, 29th October 2014

Source: www.panopticonblog.com

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Government not required to disclose full details of defence – UK Human Rights Blog

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

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Finding your way – New Law Journal

Posted October 28th, 2014 in budgets, case management, disclosure, documents, law firms, news by sally

‘Jeffrey T Shapiro & James Morrey-Jones examine how law firms should budget for e-discovery post-Jackson.’

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New Law Journal, 27th October 2014

Source: www.newlawjournal.co.uk

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Judge orders Home Office border agency to explain sham company failures – Daily Telegraph

Posted October 28th, 2014 in disclosure, fraud, government departments, immigration, news, visas by sally

‘Judge Peter Ross criticises the Border Force for failing to follow up information which suggested Milton Keynes-based firm was operating an immigration scam.’

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Daily Telegraph, 27th October 2014

Source: www.telegraph.co.uk

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Move to introduce jail time as potential punishment for UK data protection breaches stalls – OUT-LAW.com

‘Another attempt to introduce jail sentences as a possible punishment to individuals who access or disclose personal data in breach of data protection rules has stalled in the UK parliament.

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24th October 2014

Source: www.out-law.com

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Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

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New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

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Court refuses to say if killer was allowed to stay in UK – Daily Telegraph

‘Bernard Finlay was found guilty of stabbing a mother of two to death with three kitchen knives and a cleaver in 1997.’

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Daily Telegraph, 18th October 2014

Source: www.telegraph.co.uk

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Home Office told to disclose advice behind decision on intercept evidence – The Guardian

‘The Home Office has been ordered to release secret legal advice justifying its decision to prevent intercept evidence being used in criminal trials. The ruling by an information tribunal could shine a light on the way intelligence agencies gather and store material as well as on their relationship with law enforcement organisations. The appeal for the advice to be disclosed was made by the Bingham Centre for the Rule of Law which submitted a Freedom of Information request to uncover the reasoning behind a 2009 report, entitled “Intercept as Evidence”.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

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The need to reform whistleblowing laws – OUP Blog

‘“Why didn’t anyone in the know say something about it?” That’s the natural reaction of the public when some shocking new scandal – financial wrongdoing, patient neglect, child abuse – comes to light. The question highlights the role of the whistleblower. He or she can play a vital role in ensuring that something is done about activity which is illegal or dangerous. But the price which the whistleblower pays may be high – ostracism by colleagues, victimisation by the employer, dismissal, informal blacklisting by other employers who fear taking on a “troublemaker”.’

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OUP Blog, 11th October 2014

Source: www.blog.oup.com

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Commission criticised for withholding information on UK internet surveillance – OUT-LAW.com

Posted October 13th, 2014 in disclosure, documents, EC law, intelligence services, internet, news, ombudsmen by sally

‘The European Commission must publish documents containing information about the UK’s communications surveillance operations or “properly justify” its reasons not to do so, an EU watchdog has said.’

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OUT-LAW.com, 10th October 2014

Source: www.out-law.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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LSB attacks “arbitrary nature” of separate business rule – Legal Futures

‘The Legal Services Board (LSB) has attacked the “arbitrary nature” of the separate business rule used by the Solicitors Regulation Authority (SRA), and said the list of what is permitted and what is not is “confusing”.’

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Legal Futures, 10th October 2014

Source: www.legalfutures.co.uk

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High Court: reasons for withdrawal of part 36 offers must be disclosed – Litigation Futures

Posted October 9th, 2014 in disclosure, evidence, news, part 36 offers by sally

‘Judges who give permission for the withdrawal of part 36 offers must disclose the arguments and evidence behind their decisions, the High Court has ruled.’

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Litigation Futures, 9th October 2014

Source: www.litigationfutures.com

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Revised transparency code for local government in England in force next month – Local Government Lawyer

Posted October 6th, 2014 in budgets, codes of practice, disclosure, local government, news, parking by sally

‘A revised Local Government Transparency Code is to come into force in England next month, the Department for Communities and Local Government has announced.’

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Local Government, 3rd October 2014

Source: www.localgovernmentlawyer.co.uk

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High Court slaps down legal aid reform – Law Society’s Gazette

‘The lord chancellor acted ‘unlawfully’ in the way he consulted on controversial plans to shake up criminal legal aid, the High Court ruled today [19 September].’

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Law Society’s Gazette, 19th September 2014

Source: www.lawgazette.co.uk

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Supreme Court clarifies continuing police disclosure obligations – RPC Privacy Law

‘The recent Supreme Court judgment in the case of R (on the application of Nunn) v Chief Constable of Suffolk Constabulary and another sheds further light on the continuing duty of the police and the Crown Prosecution Service to disclose information in criminal cases post-conviction.’

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RPC Privacy Law, 19th September 2014

Source: www.rpc.co.uk

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Statutory register of government lobbyists will preserve legal professional privilege – OUT-LAW.com

Posted September 19th, 2014 in disclosure, law firms, lobbying, news, privilege by tracey

‘Law firms that lobby the government on behalf of clients will not need to disclose any information protected by legal professional privilege (LPP) when a new statutory register is up and running, the UK government has confirmed.’

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OUT-LAW.com, 18th September 2014

Source: www.out-law.com

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In re X (Adopted Child: Access to Court File) – WLR Daily

Posted September 15th, 2014 in adoption, birth certificates, disclosure, family courts, grandparents, law reports by tracey

In re X (Adopted Child: Access to Court File)[2014] EWFC 33; [2014] WLR (D) 390

‘Since FPR 2010 r 14.24 was not subject to the qualification that it applied only “in exceptional circumstances” there was nothing which required the same approach to apply in the case of an application under rule 14.24 (or its predecessors) as applied in the case of an application under section 79(4) of the Adoption and Children Act 2002 although, given the context, an application under rule 14.24 should always be approached with an appropriate degree of caution.’

WLR Daily, 9th September 2014

Source: www.iclr.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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