Legal Update: disclosure, formats and context – Law Society’s Gazette

‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’

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Law Society’s Gazette, 1st September 2014

Source: www.lawgazette.co.uk

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Accountant’s reports safe from public exposure after FoI ruling – Legal Futures

‘The Law Society’s freedom of information adjudicator has rejected a bid to open up public access to accountant’s reports submitted to the Solicitors Regulation Authority.’

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Legal Futures, 20th August 2014

Source: www.legalfutures.co.uk

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‘Failure to cooperate’ case prompts ombudsman review – Law Society’s Gazette

‘The Legal Ombudsman (LeO) is to review its internal investigations guidance after a barrister was cleared of misconduct due to its own “failure to cooperate” with the disciplinary process.’

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Law Society’s Gazette, 19th August 2014

Source: www.lawgazette.co.uk

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City firms face massive disclosure challenge after privilege ruling – Litigation Futures

‘Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.’

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Litigation Futures, 18th August 2014

Source: www.litigationfutures.com

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Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

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Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

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Legal privilege, Articles 6 and 8, and iniquity – UK Human Rights Blog

‘JSC BTA Bank v. Ablyazov et al 8 August 2014, Popplewell J. What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers). Well, that is the general rule. And this case reminds us that there is an exception to this – when the relationship between client and lawyer is affected by “iniquity”.’

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UK Human Rights Blog, 12th August 2014

Source: www.ukhumanrightsblog.com

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Police forced to name undercover officers who duped women – The Guardian

Posted August 15th, 2014 in disclosure, environmental protection, news, police, psychiatric damage, women by tracey

‘Metropolitan police lose legal fight over keeping secret the names of officers who fathered children with their ‘targets’

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The Guardian, 15th August 2014

Source: www.guardian.co.uk

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The iniquity exception – legal privilege and the long-running Ablyazov litigation – Legal Week

‘What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers).’

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Legal Week, 13th August 2014

Source: www.legalweek.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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Appeal court backs publication of arrest names – Law Society’s Gazette

‘A man arrested but never charged over sexual offences has failed to persuade the Court of Appeal that newspapers should be barred from identifying him.’

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Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

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The rise of the secret trial: Closed Material Procedures one year on – UK Human Rights Blog

‘Last week Justice Secretary Chris Grayling reported on how often closed material proceedings (CMPs) have been sought under the Justice and Security Act 2013 (JSA), as he is required to do annually under the Act. As the first and only official consolidated presentation of how the new CMP regime is being used, this two-page written ministerial statement warrants close attention.’

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UK Human Rights Blog, 5th August 2014

Source: www.ukhumanrightsblog.com

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IG Index Ltd v Cloete – WLR Daily

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Requests for FOI disclosures in particular formats must generally be adhered to, rules Court of Appeal – OUT-LAW.com

Posted August 4th, 2014 in appeals, disclosure, freedom of information, interpretation, news by sally

‘Public bodies must generally adhere to individuals’ requests for information to be provided in a specific electronic format under freedom of information (FOI) laws, the Court of Appeal in London has ruled.’

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OUT-LAW.com, 1st August 2014

Source: www.out-law.com

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Browning v Information Commissioner and Another – WLR Daily

Browning v Information Commissioner and Another [2014] EWCA Civ 1050;  [2014] WLR (D) 346

‘The First-tier Tribunal (General Regulatory Chamber) Rules 2009 permitted the tribunal when hearing an appeal against a decision of the Information Commissioner to adopt a closed material procedure in which a party and his legal representatives were excluded from the hearing or part of it.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

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Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others – WLR Daily

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others: [2014] EWHC 2451 (Ch); [2014] WLR (D) 334

‘If a consent order affected orders made by a judge it was advisable at first instance that any applications in respect of such an order should be made to a judge rather than a master. The court retained a general discretion whether before or after the parties had seen a draft judgment to continue to deliver a judgment where it was appropriate so to do. Even if the parties had effectively put an end to the dispute between themselves, that in itself could not stop the court from raising matters which concerned it.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

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In re D (Children) (CAFCASS: Safeguarding Checks) – WLR Daily

In re D (Children) (CAFCASS: Safeguarding Checks); [2014] EWHC 2376 (Fam); [2014] WLR (D) 312

‘Whether, in private family law proceedings, safeguarding inquiries should be conducted about third parties, such as partners, would depend on the precise circumstances of the various relationships. In practice, it would be expected that co-operation for such inquiries would generally be sought in respect of partners of the parties and if such a partner did not give his or her consent, an application to the court would usually be made by CAFCASS in its discretion.’

WLR Daily, 20th June 2014

Source: www.iclr.co.uk

 

 

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Record number of data complaints made to ICO – BBC News

Posted July 16th, 2014 in appeals, complaints, data protection, disclosure, fines, news, nuisance, privacy, statistics by tracey

‘The UK’s information commissioner has called for better funding for the country’s data regulator amid a record number of cases.’

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BBC News, 15th July 2014

Source: www.bbc.co.uk

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Data sharing rules must be reformed – Law Commission

Posted July 14th, 2014 in data protection, disclosure, Law Commission, news, privacy by sally

‘The law that governs how public bodies share data must be modernised, simplified and clarified, according to the Law Commission. Law reform will help to create a principled and clear legal structure for protecting individual privacy and for the data sharing required by today’s public bodies and the people they serve.’

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Law Commission, 11th July 2014

Source: www.lawcommission.justice.gov.uk

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High Court sets out new procedure to help families of asbestos victims access employment records – Litigation Futures

‘The High Court has set out a new procedure to help the families of workers who died from asbestos-related diseases trace their employment histories.’

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Litigation Futures, 11th July 2014

Source: www.litigationfutures.com

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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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