Diary of a Wimpy Minister – Panopticon

‘A mere three years ago, the FTT held that the Ministerial Diary of Andrew Lansley was relevantly held under FOIA and was not exempt under section 35(1)(b). Now the Court of Appeal has held, in Department of Health v Information Commissioner & Lewis [2017] EWCA Civ 374, that the FTT made no error. The fact that no-one can now remember who Andrew Lansley was (now Lord Lansley CBE thank you) or why anyone would care, is by-the-by.’

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Panopticon, 25th May 2017

Source: www.panopticonblog.com

Government fails to block release of Andrew Lansley diary portions – The Guardian

‘Court rules in favour of journalist Simon Lewis who made FoI request to see diary passages from period of health reforms.’

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The Guardian, 24th May 2017

Source: www.guardian.co.uk

Medical privacy – Panopticon

Posted May 19th, 2017 in confidentiality, disclosure, hospitals, medical records, news, pregnancy by tracey

‘Do clinicians treating a patient with Huntington’s Disease have a duty to disclose the diagnosis to the patient’s daughters? Arguably so, says the Court of Appeal in ABC v St George’s Healthcare NHS Foundation Trust (2017) EWCA Civ 336.’

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Panopticon, 17th may 2017

Source: www.panopticonblog.com

Will genetically-informed medicine upend medical confidentiality? – UK Human Rights Blog

Posted May 19th, 2017 in confidentiality, disclosure, hospitals, medical records, news, pregnancy by tracey

‘ABC v St George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336. In a fascinating twist to the drama of futuristic diagnosis, the Court of Appeal has allowed an argument that doctors treating a Huntington’s patient should have imparted information about his diagnosis to his pregnant daughter to go to trial.’

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UK Human Rights Blog, 17th May 2017

Source: www.ukhumanrightsblog.com

Tribunal refuses call to order disclosure of counsel’s opinion obtained by county – Local Government Lawyer

Posted May 16th, 2017 in disclosure, local government, news, solicitors, tribunals by sally

‘A First-Tier Tribunal has refused a call from a retired solicitor to order a county council to disclose counsel’s opinion.’

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Local Government Lawyer, 15th May 2017

Source: www.localgovernmentlawyer.co.uk

Disclosure and production in construction cases – Hardwicke Chambers

Posted May 16th, 2017 in civil procedure rules, construction industry, disclosure by sally

‘The evolution of the CPR in the wake of the Jackson reforms included the well-known introduction of the “menu” of disclosure options at CPR 31.5(7). The net effect was to promote, as appropriate and applicable, a movement away from well-established “standard” disclosure to a more tailored approach. With the accompanying provisions of CPR 31 and its Practice Directions, the new approach to disclosure was designed to force parties (and the courts) to consider disclosure and production (and the best approach to adopt) at a very early stage.’

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Hardwicke Chambers, 5th May 2017

Source: www.hardwicke.co.uk

Purdah: Government should obey the law in the run-up to an election – UK Human Rights Blog

‘Last November the judge decided that the UK’s air pollution plans under EU and domestic laws were not good enough. The case has a long, and unedifying back-story of Government not doing what the law says it should do.’

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UK Human Rights Blog, 16th May 2017

Source: www.ukhumanrightsblog.com

SFO wins disclosure bid in legal privilege case – Law Society’s Gazette

Posted May 12th, 2017 in disclosure, fraud, news, privilege, prosecutions, Serious Fraud Office by sally

‘Companies can no longer assume that private documents, including interview records used for internal investigations, will be protected after a High Court ruling this week, lawyers have claimed.’

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Law Society’s Gazette, 10th May 2017

Source: www.lawgazette.co.uk

High Court rejects litigation privilege claim in test case – Litigation Futures

Posted May 11th, 2017 in civil justice, crime, disclosure, documents, fraud, news, privilege, prosecutions, trials by tracey

‘The High Court has rejected a mining company’s claim for litigation privilege in a test case which for the first time involves potential criminal, rather than civil, litigation.’

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Litigation Futures, 10th May 2017

Source: www.litigationfutures.com

The right to put your past behind you: Court of Appeal Art.8 ruling – UK Human Rights Blog

Posted May 5th, 2017 in appeals, criminal records, disclosure, human rights, news by tracey

‘R (o.t.a P & others) v. Secretary of State for Home Department & others [2017] EWCA Civ 321, Court of Appeal, 3 May 2017.
The Court of Appeal has upheld challenges to the system of the police retaining information about past misconduct. It held that the system, even after a re-boot in 2013 in response to an earlier successful challenge, remains non-compliant with Article 8.’

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UK Human Rights Blog, 4th May 2017

Source: www.ukhumanrightsblog.com

Government loses criminal records disclosure appeal – Law Society’s Gazette

Posted May 5th, 2017 in criminal records, disclosure, government departments, news by tracey

‘The government will have to go back to the drawing board over its criminal records disclosure scheme after losing a Court of Appeal challenge in relation to rules for multiple convictions.’

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Law Society’s Gazette, 5th May 2017

Source: www.lawgazette.co.uk

Top judge struggling to stem woman’s efforts to unseal Princess Margaret’s will – Litigation Futures

Posted May 2nd, 2017 in disclosure, judges, news, royal family, striking out, wills by sally

‘There is no kind of order available to prevent a woman who claims to be the late Princess Margaret’s daughter from bringing repeated “nonsensical” claims in an effort to unseal her will, the president of the Family Division has found.’

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Litigation Futures,

Source: www.litigationfutures.com

Orgreave files: Government urged to consider release – BBC News

Posted April 27th, 2017 in disclosure, documents, industrial action, miners, news, police, select committees by sally

‘Secret files concerning one of the most high profile clashes of the 1980s miners’ strike should be assessed and made public if possible, a government committee has said.’

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BBC News, 27th April 2017

Source: www.bbc.co.uk

Council wins right to redact more info from variation agreement to waste contract – Local Government Lawyer

‘A county council has won an appeal to the First-Tier Tribunal over a decision by the Information Commissioner’s Office that it was not entitled to redact certain information in a variation agreement to a waste disposal contract.’

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Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

Whistleblowing: Would you blow the whistle on your boss? What protections do you get? – The Independent

Posted April 11th, 2017 in arson, banking, disclosure, financial regulation, news, whistleblowers by sally

‘Some people may prefer the quiet life choosing not to rock the boat unless they really have to. Others could feel that the only correct thing to do is to spill the beans.’

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The Independent, 10th April 2017

Source: www.independent.co.uk

Jeremy Lewis on NHS Applicant Whistleblowers: wider implications and mis-steps en route – Littleton Chambers

Posted April 6th, 2017 in consultations, disclosure, employment, health, news, regulations, whistleblowers by sally

‘On 20 March 2017 the Government published draft Regulations with a view to providing whistleblowing protection to applicants for NHS employment [1]. A consultation has been launched. Some two years after the publication of the report by Sir Robert Francis QC into whistleblowing in NHS, Freedom to Speak Up, the draft Regulations aim to implement the recommendation that consideration be given to outlawing discrimination against whistleblowers in recruitment by NHS employers. (Legislation giving power to make these regulations – s.49B of the Employment Rights Act 1996 – has been on the statute book since 6 May 2015).’

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Littleton Chambers, 21st March 2017

Source: www.littletonchambers.com

Undercover policing inquiry ‘not sabotaged’ by Met Police – BBC News

Posted April 6th, 2017 in anonymity, disclosure, inquiries, investigatory powers, London, news, police by tracey

‘The judge chairing a public inquiry into undercover policing has dismissed claims by campaigners that the Met Police have tried to sabotage it.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

Gender pay gap reporting: Government’s new rules will not tackle financial inequality, critics warn – The Independent

Posted April 6th, 2017 in disclosure, employment, equal pay, news, reports, women by tracey

‘Experts, including employment lawyers, HR professionals and campaigners, are warning that the Government’s new rules on gender pay reporting won’t do enough to tackle considerable financial inequality still overshadowing a multitude of industries.’

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The Independent, 5th April 2017

Source: www.independent.co.uk

First ‘snapshot’ of gender pay gap due as reporting requirements come into force – OUT-LAW.com

Posted April 5th, 2017 in disclosure, employment, equal pay, news, Northern Ireland, regulations, statistics by sally

‘Large UK employers will begin publishing their gender pay gaps over the coming months, based on the pay which their employees receive within the pay period in which today’s date falls.’

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OUT-LAW.com, 5th April 2017

Source: www.out-law.com

Man becomes first in country to have to tell police every time he starts a new relationship – Daily Telegraph

‘A man is believed to be the first in the country to have to tell the police when he starts a new relationship so they can inform future partners about his violent history.’

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Daily Telegraph, 4th April 2017

Source: www.telegraph.co.uk