Category: confidentiality

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) – WLR Daily

Posted November 3rd, 2010 in accounts, auditors, confidentiality, human rights, law reports, local government by sally

R (Veolia ES Nottinghamshire Ltd) v Nottinghamshire County Council (Shlomo Dowen and The Audit Commission for Local Authorities and the National Health Service for England, interested parties) [2010] WLR (D) 273

“The right of ‘persons interested’ under section 15(1) of the Audit Commission Act 1998 to inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating to them did not stretch, on the facts, to examination of commercially sensitive material which was protected by art 1 of the First Protocol of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Improperly obtained documents in divorce proceedings – Law Society’s Gazette

Posted October 22nd, 2010 in confidentiality, disclosure, divorce, news by sally

“In light of the Court of Appeal’s ­decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of ­improperly obtained documents.”

Full story

Law Society’s Gazette, 21st October 2010

Source: www.lawgazette.co.uk

Rape victim not allowed to know truth about adopted child – Daily Telegraph

Posted October 21st, 2010 in adoption, confidentiality, DNA, medical records, news, rape, victims by sally

“A rape victim who gave her baby away 20 years ago because she could not be sure if the child was her husband’s cannot now find out the truth because of adoption rules, a court has heard.”

Full story

Daily Telegraph, 20th October 2010

Source: www.telegraph.co.uk

Judge reveals reason for Top Gear’s Stig ruling – BBC News

Posted October 5th, 2010 in confidentiality, injunctions, media, news, reasons by sally

“A judge has explained his decision for refusing to ban a book revealing the identity of Top Gear’s The Stig.”

Full story

BBC News, 4th October 2010

Source: www.bbc.co.uk

Ian Tomlinson post-mortem examination report withheld – BBC News

Posted September 8th, 2010 in confidentiality, coroners, news, privilege, reports by sally

“A post-mortem examination report into the death of a man at the G20 protests last year has been withheld from authorities, it has emerged.”

Full story

BBC News, 8th September 2010

Source: www.bbc.co.uk

BBC facing human rights battle with Top Gear’s The Stig – Daily Telegraph

Posted August 20th, 2010 in BBC, confidentiality, contracts, media, news, publishing by sally

“The BBC is facing a human rights battle with ‘The Stig’, the mystery stunt driver on Top Gear, in an effort to stop him disclosing his identity.”

Full story

Daily Telegraph, 19th August 2010

Soruce: www.telegraph.co.uk

Imerman v Tchenguiz and others; Same v Imerman – WLR Daily

Posted August 3rd, 2010 in appeals, confidentiality, divorce, financial provision, law reports by sally
“There was no legal justification for permitting a spouse to retain copies of documents unlawfully obtained in breach of confidence in order to prevent the other spouse from concealing assets in ancillary relief proceedings. A spouse could apply for search and seizure, freezing, preservation and similar orders to ensure that assets were not wrongly concealed or dissipated.”
WLR Daily, 30th July 2010

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Handing foreign intelligence to British courts to be made illegal – Daily Telegraph

Posted July 7th, 2010 in confidentiality, evidence, intelligence services, news by sally

“Handing foreign intelligence to British courts is to be made illegal, the Prime Minister has announced, as he said the government would pay compensation to end a series of embarrassing legal cases.”

Full story

Daily Telegraph, 7th July 2010

Source: www.telegraph.co.uk

GPs agree to waive privacy of mentally ill gun owners – The Guardian

Posted June 15th, 2010 in confidentiality, doctors, firearms, medical ethics, mental health, news by sally

“Doctors have agreed to breach their duty of medical confidentiality to patients who own guns if they fear they have become so seriously mentally ill they may use their weapons on themselves or the public, the Guardian has learned.”

Full story

The Guardian, 14th June 2010

Source: www.guardian.co.uk

Goldsmith’s advice on treatment of Iraqi prisoners is censored – The Independent

Posted April 6th, 2010 in attorney general, confidentiality, human rights, inquiries, Iraq, news, torture by sally

“The Government has blocked the release of the former attorney general Lord Goldsmith’s advice about whether human rights law applied to British troops in Iraq when handling prisoners.”

Full story

The Independent, 2nd April 2010

Source: www.independent.co.uk

VC firm accused of stealing business plan must pay damages, not profits – OUT-LAW.com

Posted March 31st, 2010 in confidentiality, contracts, damages, news by sally

“A venture capital company that breached the confidentiality of businessmen who came to it with a proposition should only have to pay damages as compensation and not a share of their profits from the deal, the High Court has ruled.”

Full story

OUT-LAW.com, 29th March 2010

Source: www.out-law.com

Vercoe and others v Rutland Fund Management Ltd and others – WLR Daily

Posted March 11th, 2010 in confidentiality, damages, law reports by sally

Vercoe and others v Rutland Fund Management Ltd and others [2010] EWHC 424 (Ch); [2010] WLR (D) 68

“Where a claim was based on breach of obligations of confidentiality, the claimant did not have a complete discretion to choose between claiming an award of damages assessed by reference to the notional reasonable price which the defendant should have paid to buy release from the rights in respect of the relevant confidential information and claiming an account of profits.”

WLR Daily, 9th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jon Venables: the right to know – The Guardian

Posted March 9th, 2010 in anonymity, confidentiality, news, trials by sally

“Justice cannot be served at trial unless Jack Straw holds his nerve on unmasking Jon Venables.”

Full story

The Guardian, 8th March 2010

Source: www.guardian.co.uk

Brown defends silence over jailing of Venables – The Independent

Posted March 5th, 2010 in confidentiality, criminal justice, media, news, release on licence by sally

“The Prime Minister has defended the Government’s refusal to explain why one of the murderers of James Bulger has been returned to prison, as new claims emerged that the killer had a recent history of violence and drug abuse.”

Full story

 The Independent, 5th March 2010

Source: www.independent.co.uk

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) – WLR Daily

Posted February 12th, 2010 in confidentiality, intelligence services, law reports, public interest immunity, torture by sally

R (Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (Guardian News and Media Ltd and others intervening) [2010] EWCA Civ 65; [2010] WLR (D) 31

“As a general principle, the principles of freedom of expression, democratic accountability and the rule of law were integral to the principle of open justice, so that, where litigation had occurred and judgment given, any disapplication of the open justice principle (which included the ordinary right of all the parties to the litigation to know the reasons for the court’s decision) had to be rigidly contained. It should be rare for the court to order that any part of the reasoning in its judgment which had lead it to its conclusion should be redacted, and any such order should be made only in extreme cases.”

WLR Daily, 11th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Trafigura returns to court in attempt to suppress lawsuit documents – The Guardian

Posted January 8th, 2010 in confidentiality, injunctions, news, parliament by sally

“Trafigura, the offshore oil trader that became notorious for legal attempts to suppress reporting of parliament, is going back to Britain’s judges tomorrow.”

Full story

The Guardian, 7th January 2010

Source: www.guardian.co.uk

Newspapers victorious in battle to protect source – The Independent

Posted December 16th, 2009 in confidentiality, disclosure, human rights, media, news by sally

“The Independent has helped win an important court ruling protecting members of the public who supply confidential information to the media.”

Full story

The Independent, 16th December 2009

Source: www.independent.co.uk

Former MI5 man loses supreme court case in memoirs fight – The Guardian

Posted December 10th, 2009 in confidentiality, intelligence services, investigatory powers, news, tribunals by sally

“Judges rule battle to publish book must be pursued in secretive investigatory powers tribunal.”

Full story

The Guardian, 9th December 2009

Source: www.guardian.co.uk

Regina (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening) – WLR Daily

Posted November 2nd, 2009 in confidentiality, criminal records, disclosure, law reports, police by sally
“Information about a person’s convictions which was systematically collected and stored in central records and was available for many years after the convictions had receded into the past could fall within the scope of private life for the purposes of art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms so that disclosure of the information could amount to an interference with the art 8 right to respect for private life. When the chief officer of police was considering for the purposes of an enhanced criminal record certificate whether to disclose information held on police records about a person who had applied for a job which involved working with children or vulnerable adults, he was required to decide whether the job applicant’s right to respect for her private life outweighed the social need for protecting children and vulnerable adults. There was no presumption that disclosure should be made unless there was good reason for not doing so.”
WLR Daily, 30th October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law of confidence can trump libel law, rules High Court – OUT-LAW.com

Posted October 22nd, 2009 in confidentiality, defamation, news, privacy by sally

“The High Court has upheld a famous person’s rights under the law of confidence over someone else’s right to reveal his activity with a prostitute under defamation law. The Court has granted an interim injunction which will keep the man’s identity a secret.”

Full story

OUT-LAW.com, 22nd October 2009

Source: www.out-law.com