Detective criticised for ‘getting too close’ in alleged rape case – The Guardian

Posted May 10th, 2016 in Crown Prosecution Service, disclosure, evidence, news, police, rape by sally

‘A senior judge has criticised a police detective and the Crown Prosecution Service for their handling of an accusation of gang rape after the case against four young men collapsed just as their trial was due to begin.’

Full story

The Guardian, 9th May 2016

Source: www.guardian.co.uk

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Police refuse to reveal the new names of 800 paedophiles to protect their human rights – Daily Telegraph

Posted May 10th, 2016 in disclosure, human rights, names, news, sexual offences by sally

‘More than 800 sex offenders have changed their names by deed poll to hide their past and police have refused to reveal which names have been altered in a bid to protect the criminals’ human rights.’

Full story

Daily Telegraph, 10th May 2016

Source: www.telegraph.co.uk

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Tate to face information tribunal over payments from BP – The Guardian

Posted May 9th, 2016 in budgets, disclosure, energy, environmental protection, news, tribunals by sally

‘Tate will come under fire again over its relationship with fossil fuel companies when it is forced to defend its refusal to disclose details of financial payments made to it by BP.’

Full story

The Guardian, 8th May 2016

Source: www.guardian.co.uk

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Undercover police denied automatic anonymity at inquiry – BBC News

‘Undercover police officers facing claims of wrongdoing will not automatically get anonymity at a forthcoming major public inquiry.’

Full story

BBC News, 3rd May 2016

Source: www.bbc.co.uk

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Judiciary consults on the Defendant’s Duty of Candour and Disclosure in Judicial Review Proceedings – Courts and Tribunals Judiciary

Posted April 28th, 2016 in consultations, disclosure, judiciary by tracey

‘The Lord Chief Justice has issued a Discussion Paper by Mr Justice Cranston and Mr Justice Lewis, which considers the defendant’s duty of candour and disclosure in judicial review proceedings.’

Full Discussion paper

Courts and Tribunals Judiciary, 28th April 2016

Source: www.judiciary.gov.uk

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Police accused of ‘stark errors’ and ‘cherry picking’ in university rape case – The Independent

‘Police made “stark errors” during an investigation into four young men accused of gang rape, a court has heard.’

Full story

The Independent, 27th April 2016

Source: www.independent.co.uk

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Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

Full story

The Guardian, 26th April 2016

Source: www.guardian.co.uk

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Regulator widens inquiry into UK firms’ links with Panama Papers tax havens – The Guardian

‘The City regulator has widened its inquiries into potential links between UK financial firms and the law company at the centre of the Panama Papers revelations, it said on Tuesday.’

Full story

The Guardian, 26th April 2016

Source: www.guardian.co.uk

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Fears over credit for guilty plea – Law Society’s Gazette

‘Criminal defence solicitors are expected to oppose proposed replacement guidelines on sentence reductions for early guilty pleas.’

Full story

Law Society’s Gazette, 25th April 2016

Source: www.lawgazette.co.uk

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Kent police passed alleged domestic abuser sensitive details of complainant – The Guardian

Posted April 22nd, 2016 in data protection, disclosure, domestic violence, fines, news, police by tracey

‘Kent police force has been found guilty of serious breaches after an alleged domestic abuser was passed sensitive details and intimate pictures of the woman who brought a complaint against him. The suspect was a police officer and the contents of the mobile phone of his partner were given to him, after they had been gathered by police investigating the domestic abuse claims.’

Full story

The Guardian, 21st April 2016

Source: www.guardian.co.uk

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Early intervention needed to improve effectiveness of confiscation orders, says expert – OUT-LAW.com

‘Earlier intervention and more formal measures of success are needed if confiscation orders are to be successfully used by the UK courts to deprive fraudsters of the proceeds of their crimes.’

Full story

OUT-LAW.com, 20th April 2016

Source: www.out-law.com

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Control of Documents – New Square Chamber

Posted April 14th, 2016 in civil procedure rules, disclosure, documents, news, subsidiary companies by sally

‘What happens when a party to proceedings refuses to give disclosure of documents held by its subsidiary? Can the parent company simply refuse to give disclosure on the basis that the subsidiary is a separate legal entity? CPR 31.8 provides that a party is obliged to give disclosure of documents in its “control.” In Ardila v ENRC [2015] EWHC 3761 (Comm) Males J sought to reconcile the competing first instance and appellate decisions on whether a parent company can be said to control the documents of its subsidiary.’

Full story

New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

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When an unsafe structure does not trigger the landlord’s duty to repair – Hardwicke Chambers

‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’

Full story

Hardwicke Chambers, 8th March 2016

Source: www.hardwicke.co.uk

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EU court hears case on UK data retention laws – OUT-LAW.com

‘The EU’s highest court will hear arguments on Tuesday concerning the validity of UK data retention laws.’

Full story

OUT-LAW.com, 12th April 2016

Source: www.out-law.com

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Vicarious liability for rogue employee’s data leak – Panopticon

‘Suppose confidential, private and sensitive information is sold, leaked or otherwise wrongly disclosed by a rogue employee: is the employer vicariously liable? This question is a troubling one for many an employer and data controller. A new judgment on a claim for misuse of private information sheds some light on this question – and will not be comforting for employers and data controllers. The case is Axon v Ministry of Defence [2016] EWHC 787 (QB).’

Full story

Panopticon, 12th April 2016

Source: www.panopticonblog.com

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Revealed: the loophole that lets lobbying companies keep their clients a secret – The Independent

Posted April 11th, 2016 in disclosure, lobbying, news, parliament by tracey

‘Lobbying companies working at the heart of Whitehall are exploiting loopholes in transparency legislation that allows them to avoid declaring clients who pay them thousands of pounds to help influence Government policy, The Independent can reveal.’

Full story

The Independent, 10th April 2016

Source: www.independent.co.uk

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MoJ wins privilege battle over PowerPoint slides prepared by counsel for training session – Legal Futures

‘PowerPoint slides prepared by external counsel for training at the Ministry of Justice were subject to legal professional privilege and did not have to be disclosed under the Freedom of Information Act, the First-Tier Tribunal (FTT) has ruled.’

Full story

Legal Futures, 7th April 2016

Source: www.legalfutures.co.uk

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Bamber appeal letters ‘ill-conceived’, say Essex Police – BBC News

Posted April 4th, 2016 in appeals, disclosure, evidence, internet, media, murder, news, police by sally

‘Police have accused a multiple murderer of “circumnavigating the formal process” of appeal by using the media and websites to fight his conviction.’

Full story

BBC News, 2nd April 2016

Source: www.bbc.co.uk

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Personal data and politicians’ names – Panopticon

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

Full story

Panopticon, 18th March 2016

Source: www.panopticonblog.com

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The snooper’s charter is flying through parliament. Don’t think it’s irrelevant to you – The Guardian

‘While the Apple v FBI row makes world headlines, people in the UK are disregarding a bill that permits hacking and gagging.’

Full story

The Guardian, 14th March 2016

Source: www.guardian.co.uk

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