Coroner in SAS inquest blocks release of witness statements – The Guardian

‘A coroner hearing the inquest of three men who suffered fatal heat illness during an SAS training march in south Wales has refused to allow the release of witness statements, concluding that their publication could threaten any future criminal prosecutions. The Guardian and other media organisations argued that in the interest of open justice, statements taken by detectives investigating the tragedy on the Brecon Beacons and provided to the inquest should be released to allow the proceedings to be reported fully.’

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The Guardian, 19th June 2015

Source: www.guardian.co.uk

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Chagos islanders go to supreme court in battle to be allowed home – The Guardian

‘Former residents of the Chagos Islands who were forcibly removed from their homeland more than 40 years ago will take their long legal battle to the UK’s highest court on Monday.’

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The Guardian, 22nd June 2015

Source: www.guardian.co.uk

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Release ‘critical’ reports into privately run immigration centres, ICO orders – The Guardian

Posted June 16th, 2015 in disclosure, freedom of information, immigration, news, publishing, reports by sally

‘Potentially damaging reports into the running of two immigration detention centres by private contractors must be released by the Home Office within weeks, the Information Commissioner’s Office (ICO) has said.’

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The Guardian, 15th June 2015

Source: www.guardian.co.uk

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Chilcot report into Iraq war ‘unlikely to be published for another year’ – The Independent

Posted June 15th, 2015 in delay, disclosure, documents, inquiries, Iraq, news by sally

‘The Chilcot report has taken six years and cost £10m but is “unlikely to be published for another year at least”, according to sources close to the inquiry.’

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The Independent, 14th June 2014

Source: www.independent.co.uk

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Surrogacy agreement breakdowns–what are the issues? – Halsbury’s Law Exchange

‘Are new laws needed to cover surrogacy arrangements and modern family set-ups? Mai-Ling Savage, a barrister and specialist in surrogacy, same-sex parenting and fertility law at Fourteen, a specialist family chambers, analyses a recent case which highlights the lack of a clear legal framework to enforce agreements made before the birth of a child.’

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Halsbury’s Law Exchange, 4th June 2015

Source: www.halsburyslawexchange.co.uk

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We all had a right to see Prince Charles’s letters. But not any more, it seems – The Guardian

‘Downing Street’s decision to publish the second batch of letters that Prince Charles had sent to ministers was unexpected. The government had been preparing to resist the publication of the latest batch, covering the years 2006 to 2009, even though a previous batch, covering 2004 and 2005, was released after a ten-year legal battle with the Guardian.’

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The Guardian, 4th June 2015

Source: www.guardian.co.uk

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Leon Brittan and Geoffrey Dickens’ notes from 1980s released – BBC News

‘Letters from the 1980s have been released, in which MP Geoffrey Dickens called for then-Home Secretary Leon Brittan to ban a pro-paedophilia group.’

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BBC News, 4th June 2015

Source: www.bbc.co.uk

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Regina (AB) v Chief Constable of Hampshire Constabulary – WLR Daily

Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225

‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Disclosing child protection information: make sure you ask the right questions first – Panopticon

Posted June 2nd, 2015 in child abuse, data protection, disclosure, news, privacy by sally

‘High-profile revelations in recent years illustrate the importance of public authorities sharing information on individuals who are of concern in relation to child protection matters. When inaccurate information is shared, however, the consequences for the individual can be calamitous.’

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Panopticon, 1st June 2015

Source: www.panopticonblog.com

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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.’

Full story

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.’

Full story (PDF)

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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