Open justice ‘victory’ revisited – Family Law

‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’

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Family Law, 19th September 2019

Source: www.familylaw.co.uk

Alison Berridge, Alexandra Littlewood and Ciar McAndrew: Freedom of Information Journal – Recent decisions of the Commissioner and Tribunal – Monckton Chambers

‘Alison Berridge, Alexandra Littlewood and Ciar McAndrew, public law barristers at Monckton Chambers, highlight the points of interest from April-June decisions of the First-Tier and Upper Tribunals.’

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Monckton Chambers, 20th August 2019

Source: www.monckton.com

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

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4 KBW, 6th August 2019

Source: www.4kbw.net

Immigration centre abuse inquiry must be held in public, court says – The Guardian

‘The Court of Appeal has rejected an application by the Home Office to conduct an inquiry into claims of systemic abuse at an immigration detention centre in private, rejecting the claims that public hearings would be prohibitively expensive.’

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The Guardian, 8th August 2019

Source: www.theguardian.com

Metropolitan Police ‘making excuses’ over report into Carl Beech investigation – Daily Telegraph

‘Scotland yard has claimed it cannot publish the unredacted report into its handling of Operation Midland because to do so could reveal covert policing methods and help criminals.’

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Daily Telegraph, 31st July 2019

Source: www.telegraph.co.uk

Seeking a secret inquest? A lesson in how NOT to go about asking for reporting restrictions – UK Human Rights Blog

‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’

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UK Human Rights Blog, 1st July 2019

Source: ukhumanrightsblog.com

Tech firms to give secret evidence at child sexual abuse inquiry – The Guardian

‘Facebook, Apple, Microsoft and Google are to give secret evidence to the independent inquiry into child sexual abuse (IICSA) as it examines the growing problem of online exploitation.’

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The Guardian, 13th May 2019

Source: www.theguardian.com

Lawyers face new duties to keep litigants in person informed – Law Society’s Gazette

‘Rule changes are on the way addressing concerns that lawyers may be keeping litigants in the dark about important court updates.’

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Law Society's Gazette, 26th February 2019

Source: www.lawgazette.co.uk

Closed judgments: security, accountability and court processes – UK Human Rights Blog

‘A new practice direction reveals some valuable progress in the management of closed judgments, but leaves uncertainty and, very worryingly, indicates that some judgments will be destroyed.’

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UK Human Rights Blog, 25th January 2019

Source: ukhumanrightsblog.com

Case Comment: R (Haralambous) v Crown Court at St Albans [2018] UKSC 1 – UKSC Blog

Posted February 5th, 2018 in appeals, closed material, disclosure, news, Supreme Court, warrants by sally

‘In its judgment, the Supreme Court confirmed that it is implicit in statutory schemes that ex parte hearings, that is court hearings without notice held in the absence of interested parties, (in this case a Magistrates Court warrant granted under the Police and Criminal Evidence Act (“PACE”), s 8), that the court may rely on information that is not disclosed to any interested party after the event, even if that information is vital to explain how and why the court made its order.’

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UKSC Blog, 2nd February 2018

Source: ukscblog.com

When can a Closed Material Procedure be used? – UK Human Rights Blog

Posted December 8th, 2017 in closed material, human rights, news by sally

‘The Justice and Security Act 2013 introduced the idea of Closed Material Proceedings (CMP) to civil litigation in a significant way for the first time. This is a procedure (which had previously only used in a small number of specialist tribunals) whereby all or part of a claim can be heard in closed proceedings in order for the court to consider material which, if disclosed publicly, would risk harming national security. These hearings exclude even the claimant, who is represented instead by a Special Advocate who takes instructions and then is unable to speak to his or her client again once they have seen the sensitive material.’

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UK Human Rights Blog, 7th December 2017

Source: ukhumanrightsblog.com

Public Law Podcast Seminar on Radicalisation Part 1: Civil Law and Closed Hearing – UK Human Rights Blog

The first episode from the Public Law Seminar given by members of 1 Crown Office Row is now available for podcast download here or from iTunes under Law Pod UK. Look for Episode 13: Tackling radicalisation through the civil courts.

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UK Human Rights Blog, 26th October 2017

Source: ukhumanrightsblog.com

The cost of resisting disclosure of sensitive police material in family proceedings – UK Police Law Blog

‘Who pays the costs of Special Advocates where closed material procedures are required to consider sensitive police documents in family proceedings? The police, according to Cobb J in Re R (Closed Material Procedure: Special Advocates: Funding) [2017] EWHC 1793 (Fam).’

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UK Police Law Blog, 30th July 2017

Source: ukpolicelawblog.com

Police and not council must pay for special advocates in family case, says judge – Local Government Lawyer

‘The police and not a local authority must pay for the provision of special advocates in a rare example of them being required for a Family Court case, Cobb J has ruled.’

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Local Government Lawyer, 17th July 2017

Source: localgovernmentlawyer.co.uk

Rendition: government evidence to be heard in secret in UK for first time – The Guardian

Posted March 24th, 2017 in closed material, news, rendition by sally

‘Government evidence in a rendition case will be heard in secret for the first time following a high court ruling.’

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The Guardian, 23rd March 2017

Source: www.guardian.co.uk

Anger as government applies for secret hearing of rendition case – The Guardian

Posted March 6th, 2017 in Afghanistan, closed material, detention, news, rendition, torture by sally

‘The government has been accused of attempting to bury the truth about Britain’s role in the CIA’s extraordinary rendition process by seeking to have a case, brought by two men detained by the US, heard in secret.’

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The Guardian, 5th March 2017

Source: www.guardian.co.uk

UK government right to refuse release of secret documents – high court – The Guardian

Posted November 24th, 2016 in closed material, disclosure, documents, intelligence services, news, poisoning by tracey

‘The government can keep secret “super-sensitive” documents from Britain’s spy agencies that might shed light on the mystery death of a fugitive Russian, the high court has ruled.’

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The Guardian, 23rd November 2016

Source: www.guardian.co.uk

Man who rejected MI5 convicted of terror charge after semi-secret trial – The Guardian

‘A Somali-born man who spurned MI5 efforts to recruit him as an informant has been found guilty – following a partially secret trial – of preparing to join Islamic State fighters in Syria.’

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The Guardian, 13th October 2016

Source: www.guardian.co.uk

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.’

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Panopticon, 18th March 2016

Source: www.panopticonblog.com

Immigration lawyers fail with challenge to secret evidence – Law Society’s Gazette

Posted February 16th, 2016 in closed material, immigration, news, tribunals by sally

‘A rule that allows decisions in immigration appeals to be based on undisclosed evidence is not unlawful, the High Court has ruled.’

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Law Society’s Gazette, 16th February 2016

Source: www.lawgazette.co.uk