Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

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UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

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Section 13 DPA in the High Court: nominal damage plus four-figure distress award – Panopticon

Posted June 16th, 2014 in compensation, damages, data protection, disclosure, documents, news, time limits by sally

‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’

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Panopticon, 13th June 2014

Source: www.panopticonblog.com

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Nominet’s new rules on .uk domains could mean the end to users’ privacy – The Guardian

Posted June 12th, 2014 in disclosure, domain names, internet, news, privacy by sally

‘Since Tuesday, running a personal website has become a privacy minefield for people using .uk domain names. A recent rule change by Nominet, the company which manages the .uk registry, means that domain name owners whose home addresses were previously kept private may now be publicly visible in online searches. People setting up domain names through Nominet must now also show their full legal personal or business name on the public registration database.’

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The Guardian, 11th June 2014

Source: www.guardian.co.uk

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Cyril Smith CPS files ‘must be revealed’ – BBC News

‘The Crown Prosecution Service has been told it must reveal details about its decision not to prosecute the former Rochdale MP Cyril Smith for alleged offences against children.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

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The Jackson Reforms: One year on – Falcon Chambers

‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’

Full story (PDF)

Falcon Chambers, 25th March 2014

Source: www.falcon-chambers.com

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Women duped by undercover officers challenge attempt to block lawsuit – The Guardian

Posted June 6th, 2014 in disclosure, investigatory powers, news, police, spying by sally

‘Women who say they were deceived into forming long-term, sexual relationships with undercover police officers are challenging “absurd, shambolic and incoherent” attempts by police chiefs to block their lawsuit, the high court has heard.’

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The Guardian, 5th June 2014

Source: www.guardian.co.uk

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Council wins FOI battle over legal advice for whistle-blowing investigation – Local Government Lawyer

‘A council has won an appeal to the First-Tier Tribunal over its refusal to meet a freedom of information request for the disclosure of legal advice given to a consultant conducting an investigation on the authority’s behalf.’

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Local Government Lawyer, 3rd June 2014

Source: www.localgovernmentlawyer.co.uk

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New Equality objectives for 2014-15 – Bar Standards Board

Posted June 4th, 2014 in barristers, disclosure, diversity, equality, harassment, press releases by tracey

‘The Bar Standards Board (BSB) has developed and adopted five new equality objectives for 2014-15.’

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Bar Standards Board, 3rd June 2014

Source: www.barstandardsboard.org.uk

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Regina (Privacy International and others) v Her Majesty’s Revenue and Customs Commissioners – WLR Daily

Posted May 29th, 2014 in disclosure, HM Revenue & Customs, law reports, third parties by michael

Regina (Privacy International and others) v Her Majesty’s Revenue and Customs Commissioners [2014] EWHC 1475 (Admin);  [2014] WLR (D)  234

‘The margin of discretion afforded HM Revenue and Customs Commissioners in considering whether to disclose to a third party information about its export control functions under section 18(2)(a) and (d) of the Commissioners for Revenue and Customs Act 2005 could not be uniformly categorised and would vary according to the facts. It might be, in some circumstances, materially or even very substantially circumscribed but in other cases it might be relatively broad and there was no convincing wisdom in seeking to categorise the margin in quantitative terms that were wide, middling or narrow.’

WLR Daily, 12th May 2014

Source: www.iclr.co.uk

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Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) – Supreme Court

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

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Distinctive behaviour – New Law Journal

Posted May 28th, 2014 in disclosure, divorce, fraud, news by sally

‘Kirstie Gibson considers allegations of non-disclosure, misconduct & adverse inferences.’

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New Law Journal, 23rd May 2014

Source: www.newlawjournal.co.uk

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MoD denies access to files for Deepcut soldier’s family – The Guardian

Posted May 27th, 2014 in armed forces, disclosure, evidence, freedom of information, news, suicide by sally

‘The family of a teenage soldier who died after being shot twice in the head at the Deepcut barracks have been denied access to a cache of files they believe could shed light on his death, the Guardian can reveal.’

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The Guardian, 26th May 2014

Source: www.guardian.co.uk

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The Common Law and the Spirit of Kennedy – Panopticon

‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’

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Panopticon, 20th May 2014

Source: www.panopticonblog.com

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Jackson rules High Court erred in refusing more time – Law Society’s Gazette

Posted May 21st, 2014 in civil justice, disclosure, interpretation, news, time limits by tracey

‘Lord Justice Jackson, architect of the civil justice reforms, has overturned a High Court decision which wrongly interpreted his own changes to the system.’

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Law Society’s Gazette, 19th May 2014

Source: www.lawgazette.co.uk

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Mitchell reaches hire? – Hardwicke Chambers

Posted May 13th, 2014 in appeals, civil procedure rules, disclosure, insurance, news by sally

‘Eleven years on from the House of Lords’ decision in Lagden v O’Connor [2003] UKHL 64 “impecuniosity” remains a hot topic in the world of credit hire. The Court of Appeal case of Zurich v Umerji [2014] EWCA Civ 357 handed down on 25 March 2014 is an important case on credit hire for both Claimants and Defendants. Its impact is likely to resound further in light of the Jackson reforms as clarified by Mitchell v News Group Newspapers [2013] EWCA Civ 1537.’

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Hardwicke Chambers, 2nd May 2014

Source: www.hardwicke.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.’

Full story

Hardwicke Chambers, 10th April 2014

Source: www.hardwicke.co.uk

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Will Prince Charles’s musings see the light of day? – RPC Privacy Law

‘Prince Charles as heir to the British throne is an assiduous letter-writer and has sent a number of letters to ministers regarding government policy on matters such as environmental issues in which he has a strong interest rather than, it would appear, the more lower level political issues of the day.’

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RPC Privacy Law, 7th May 2014

Source: www.rpc.co.uk

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Tchenguiz and another v Director of the Serious Fraud Office – WLR Daily

Posted May 8th, 2014 in civil procedure rules, consent, disclosure, documents, law reports by tracey

Tchenguiz and another v Director of the Serious Fraud Office: [2014] EWHC 1315 (Comm); [2014] WLR (D) 186

‘A claimant wishing to provide independent counsel with documents which had been disclosed to it in the course of civil proceedings, to obtain advice for potential criminal proceedings, needed the permission of the court to do so as such documents could not be categorised as being “for the purpose of the proceedings” in which the documents had been disclosed within CPR r 31.22.’

WLR Daily, 29th April 2014

Source: www.iclr.co.uk

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Disclosure of medical records breached patient’s human rights – Strasbourg – UK Human Rights Blog

Posted May 1st, 2014 in disclosure, human rights, medical records, news, privacy by sally

‘The release of confidential patient details to a state medical institution in the course of her negotiations with a hospital over a lawsuit was an unjustified interference with her right to respect for private life under Article 8.’

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UK Human Rights Blog, 30th April 2014

Source: www.ukhumanrightsblog.com

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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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