Whose Article 10 rights – the journalist or the confidential source? – Panopticon

Posted October 26th, 2016 in appeals, confidentiality, disclosure, human rights, media, news, police by sally

‘Does a media corporation breach a source’s article 10 rights by voluntarily disclosing their identity to the police? Is source confidentiality lost by criminal conduct? These are the questions that the Court of Appeal had to grapple with in the appeal against conviction brought by former prison officer Robert Norman.’

Full story

Panopticon, 24th October 2016

Source: www.panopticonblog.com

HMRC press briefing in film tax case breached confidentiality duty, says Supreme Court – OUT-LAW.com

”Off the record’ comments made by former HM Revenue and Customs (HMRC) permanent secretary for tax Dave Hartnett to journalists at The Times in 2012 breached the duty of confidentiality owed to taxpayers by the department, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 20th October 2016

Source: www.out-law.com

Standards watchdog urges regulators to manage ‘revolving door’ properly – Local Government Lawyer

Posted September 23rd, 2016 in codes of practice, confidentiality, conflict of interest, news, standards by sally

‘Fewer than a third of regulatory bodies have policies to deal with ‘revolving door’ issues where staff move between the organisation and the entities or profession it regulates, a report by the Committee on Standards in Public Life has revealed.’

Full story

Local Government Lawyer, 21st September 2016

Source: www.localgovernmentlawyer.co.uk

Everything You Need To Know About Secrecy In The Family Courts – RightsInfo

‘One of the central principles of the family justice system has long been ensuring the privacy and confidentiality of the families involved. Families going through divorces, child custody proceedings or cases involving child abuse have typically had their identities and the details of their cases protected. But over recent years there has been a rising perception that the family courts are secretive and unaccountable – sparking calls for increased transparency, and raising important questions for human rights.’

Full story

Rightsinfo, 27th July 2016

Source: www.rightsinfo.org

High Court’s confidentiality comments could have unintended consequences in pension rectification cases – OUT-LAW.com

Posted June 9th, 2016 in confidentiality, news, rectification, trusts by sally

‘Comments by a High Court judge during a recent application for rectification of a pension trust deed could have “unintended consequences” for future applications, an expert has said.’

Full story

OUT-LAW.com, 9th June 2016

Source: www.out-law.com

‘Reasonable’ costs bill halved under proportionality test – Law Society’s Gazette

‘The senior costs judge has slashed a claimant’s costs bill in a high-profile media case because of the proportionality tests brought in by the Jackson reforms – despite deeming it to be ‘reasonable and necessary’.’

Full story

Law Society’s Gazette, 6th June 2016

Source: www.lawgazette.co.uk

Regina v AXN; Regina v ZAR – WLR Daily

Regina v AXN; Regina v ZAR [2016] EWCA Crim 590

‘Where an offender convicted of a crime has rendered assistance to the police or other law enforcement authorities, the police may provide the court with information regarding the assistance rendered in a confidential letter signed by a senior police officer, known as a “text”, but the obligation of the police to provide a text when requested by the offender is a very limited one. Although the court will always expect the police to inform the court of the fact that the police have made a decision not to provide a text as matter of case management, it is sufficient if the police merely state that they will not provide any information to the court in relation to the offender’s assertions of assistance. The police are not required to give any explanation of their reasons for the decision, or the stage at which they decided not to provide any information. The police need do no more than say that the police will not provide any information to the court. Such a statement to the court can generally be provided by letter and not by text. There may unusually be circumstances where the police would have to reveal in the reply the assertions of the offender that he had provided assistance; in such a case it might therefore be necessary to provide the response in the form of a text. Whether it is provided by letter or text, it must be signed by a senior officer of police (normally a superintendent) or an equivalent senior official in other law enforcement agencies (paras 6, 18, 22).’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

Examining the effectiveness of celebrity injunctions – Halsbury’s Law Exchange

‘Is the Supreme Court’s decision in PJS v NGN [2016] UKSC 26, [2016] All ER (D) 135 (May), as Lord Toulson suggests, out of touch with reality? Sara Mansoori, barrister at Matrix Chambers, considers the wider consequences of the case and suggests that even when information is in the public domain, the law of privacy can prevent repetition of that information where such repetition can cause unwarranted distress.’

Full story

Halsbury’s Law Exchange, 25th May 2016

Source: www.halsburyslawexhange.co.uk

Confidential Communication With Lawyers Is A Human Right, Even For Prisoners – RightsInfo

‘Part of being in prison is that your rights and freedom are restricted. But prisoners do retain some rights – this was re-confirmed by the highest UK court 15 years ago today.’

Full story

RightsInfo, 23rd May 2016

Source: www.rightsinfo.org

The celebrity threesome case risks undermining the law – The Guardian

Perhaps for the first time – and almost certainly for the last, since he is about to retire – Lord Toulson is the hero of the press. As the sole dissenting judge in the Supreme Court ruling on the current celebrity injunction of speculation, he would have allowed the claimant’s name to be published – at least by news organisations that were prepared to run the risk of paying damages for breaching the claimant’s privacy.’

Full story

The Guardian, 19th May 2016

Source: www.guardian.co.uk

Supreme court upholds ‘celebrity threesome’ injunction – The Guardian

Posted May 20th, 2016 in confidentiality, injunctions, media, news, privacy, public interest, Supreme Court by tracey

‘The supreme court has extended the interim privacy injunction preventing identification of a celebrity who has been involved in a three-way sexual encounter.’

Full story

The Guardian, 19th May 2016

Source: www.guardian.co.uk

Parents of Matthew Green found in Spain after six years fight to see him – BBC News

Posted May 18th, 2016 in confidentiality, data protection, families, missing persons, news by tracey

‘The parents of a man found alive six years after he disappeared have said their joy turned to frustration after they were told they could not see him.’

Full story

BBC News, 17th May 2016

Source: www.bbc.co.uk

Bring your own device: managing the risks – Future of Law

Posted May 11th, 2016 in confidentiality, data protection, employment, human rights, news, privacy by sally

‘Bring Your Own Device (BYOD) – the practice of employees routinely using their personal laptops, mobiles and other internet connected devices for work – has become increasingly common over recent years, with one survey suggesting that BYOD has already been taken up by over half of UK workers. Using a single device at home and at work can pay dividends for both employees and employers in terms of convenience, increased efficiency and reduced cost. But there are also various risks that need to be managed, especially in the case of law firms which handle sensitive client data.’

Full story

Future of Law, 9th May 2016

Source: www.blog.lexisnexis.co.uk

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

Covert Recording by Parents – Nothing to Fear but the Truth? – Family Law Week

‘Farooq Ahmed, barrister of Westgate Chambers and recorder, addresses the legal issues arising when parents embroiled in children proceedings record conversations or events.’

Full story

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

English law will remain ‘gold standard’ despite impact on case law caused by confidential arbitrations, says expert – OUT-LAW.com

‘The law in England and Wales will continue to be regarded as “gold standard” internationally despite the fact that the development of case law risks being stifled by the number of confidential arbitrations taking place in London, an expert has said.’

Full story

OUT-LAW.com, 4th April 2016

Source: www.out-law.com

Refusing to prove ability to pay costs is not a justified litigation tactic, says CA – Litigation Futures

Posted March 4th, 2016 in appeals, budgets, confidentiality, costs, news by tracey

‘A High Court ruling denying an order for security for costs even though the party involved refused to show that it could pay costs was “illogical and unacceptable”, the Court of Appeal has decided.’

Full story

Litigation Futures, 4rh March 2016

Source: www.litigationfutures.com

Another rush job on surveillance that will weaken legal privilege – The Bar Council

‘Despite claims that new surveillance laws will contain “protections for lawyers”, today’s Investigatory Powers Bill will allow authorities total access to confidential, legally privileged communications between individuals and their lawyers, even when someone is in a legal dispute with the Government or defending themselves against prosecution.’

Full press release

The Bar Council, 2nd March 2016

Source: www.barcouncil.org.uk

Court of Appeal Guidance on Injunctions – Littleton Chambers

Posted February 24th, 2016 in confidentiality, fees, injunctions, news, private hearings by sally

‘First, the Court of Appeal affirmed that it can be (and on the facts was) appropriate to hold hearings in private where a party asserts confidentiality both in the information itself, and also in the “very existence of [the] information”. The Court approved the principle that, where the effect of publicity would be to destroy the subject matter of litigation as to a secret process, it may well be that justice could not be done at all if it had to be done in public. In those circumstances, the general rule as to publicity of Court proceedings must yield to the interests of justice. It is well worth advisors bearing this in mind when dealing with confidential information cases, and making the appropriate applications at the earliest opportunity.’

Full story

Littleton Chambers, 23rd February 2016

Source: www.littletonchambers.com

Paul Burrell wins £5k damages from Max Clifford – The Guardian

Posted February 22nd, 2016 in confidentiality, damages, media, news, privacy by sally

‘Former royal butler Paul Burrell has won a high court privacy action against PR agent Max Clifford.’

Full story

The Guardian, 19th February 2016

Source: www.guardian.co.uk