Speech by Lord Justice Gross: Disclosure – Again – Courts and Tribunals Judiciary

Posted June 21st, 2018 in case management, criminal justice, disclosure, police, speeches by tracey

‘Speech by Lord Justice Gross: Disclosure – Again.’

Full speech

Courts and Tribunals Judiciary, 19th June 2018

Source: www.judiciary.uk

Facebook ordered to explain deleted profile – BBC News

Posted June 20th, 2018 in bereavement, disclosure, identification, internet, news, third parties by sally

‘Facebook has been ordered by a UK high court judge to reveal who told it to delete the profile of a jazz musician and his band, six months after he died.’

Full Story

BBC News, 19th June 2018

Source: www.bbc.co.uk

Delaying disclosure for effective investigation – UK Police Law Blog

Posted June 12th, 2018 in delay, disclosure, news, police, reports by sally

‘The Family Division of the High Court in G v G (Chief Constable of Dorset Police intervening) [2018] EWHC 1100 (Fam) ordered that the service and disclosure of a CAFCASS report be delayed for a week in order to allow an effective police investigation into allegations that the father had sexually abused one of the children. The judgment of 4 May 2018 was delivered in private and Holman J gave leave for an anonymised version to be published one week later, stating that the decision had been made upon the Court “being asked to take a very unusual course” in “a very unusual application”.’

Full Story

UK Police Law Blog, 11th June 2018

Source: ukpolicelawblog.com

Limits on transparency in the family courts – Family Law

Posted June 12th, 2018 in disclosure, family courts, injunctions, media, news by sally

‘Family analysis: Following a judge’s decision in 2002 that a girl who was then two years old should live with her father and that the mother should not have direct access, the Family Division in Re G (A Child) [2018] EWHC 1301 (Fam), [2018] All ER (D) 148 (May) refused a recent application by the girl’s older half-brother for access to all the files in the 2002 proceedings, and also refused the mother’s application for the removal of the undertaking she had given the judge not to communicate with the media. Adam Wolanski, barrister, of 5RB, examines the issues.’

Full Story

Family Law, 11th June 2018

Source: www.familylaw.co.uk

CPS publishes outcome of sexual offences review – Crown Prosecution Service

‘The Crown Prosecution Service (CPS) has today (5 June) published the outcome of its review of rape and serious sexual offences (RASSO) cases.’

Full press release

Crown Prosecution Service, 5th June 2018

Source: www.cps.gov.uk

Carroll ‘massively disappointed’ by £200,000 fraud trial collapse – The Guardian

Posted May 25th, 2018 in disclosure, evidence, fraud, horse racing, news, sport by sally

‘Tony Carroll said on Thursday that the collapse of a six-week fraud trial, which arose from a complaint he made against a former employee, was “a massive disappointment” to him and owners at his Worcestershire yard. The veteran trainer issued a categorical denial of “any suggestion that I directed the defendant’s activity”, which was the contention put forward by James Hamer’s defence team during the trial at Hereford crown court.’

Full Story

The Guardian, 24th May 2018

Source: www.theguardian.com

Fraud trial collapses over disclosure of BHA evidence – The Guardian

Posted May 24th, 2018 in disclosure, evidence, fraud, horse racing, news, sport by tracey

‘A six-week racing-related fraud case has collapsed after a judge ruled material held by the police and the British Horseracing Authority had not been properly disclosed to the defence. The case arose out of a complaint by the trainer Tony Carroll that he had been defrauded by a former employee, James Hamer, but the defence contended that all relevant cash movements had been carried out at Carroll’s direction.’

Full Story

The Guardian, 23rd May 2018

Source: www.theguardian.com

Right to see Parole Board decisions comes into force – The Guardian

Posted May 22nd, 2018 in criminal justice, disclosure, news, parole, reasons by sally

‘Members of the public will be able to request summaries of Parole Board decisions on whether prisoners are safe to release under a law change prompted by the handling of the case of serial sex attacker John Worboys.’

Full Story

The Guardian, 22nd May 2018

Source: www.theguardian.com

Police mishandling digital evidence, forensic experts warn – The Guardian

Posted May 16th, 2018 in disclosure, evidence, forensic science, news, police by sally

‘Police officers are trampling over vital forensic evidence, are under-trained, and often do not know what they are looking for, MPs investigating digital disclosure problems have been told.’

Full Story

The Guardian, 15th May 2018

Source: www.theguardian.com

Judge slams council for failing in duty of candour to the court – Litigation Futures

Posted May 11th, 2018 in children, disclosure, housing, judicial review, local government, news by sally

‘The High Court has slammed a London council for failing in its duty of candour and told lawyers that they have a responsibility to ensure that all those involved in local authorities are comply with their duty.’

Full Story

Litigation Futures, 10th May 2018

Source: www.litigationfutures.com

Privilege in tax avoidance disputes – OUT-LAW.com

Posted May 10th, 2018 in disclosure, HM Revenue & Customs, news, privilege, tax avoidance, tribunals by sally

‘In UK tax avoidance disputes there are practical difficulties in asserting legal privilege to prevent legal advice being disclosed to HM Revenue & Customs (HMRC) where the taxpayer has to explain the motivations behind a transaction, but properly asserting privilege should never be seen as being ‘uncooperative’.’

Full Story

OUT-LAW.com, 9th May 2019

Source: www.out-law.com

Windrush scandal: Tories vote to block release of secret documents as they launch review – The Independent

‘The Conservatives have blocked attempts to force the government to release internal documents relating to the Windrush scandal. The House of Commons voted down the proposal after the Tories ordered their MPs to oppose it. Labour had tried to use an archaic parliamentary procedure to force the government to hand over the files, which they said would reveal how much ministers knew about the problems facing Windrush generation immigrants.’

Full Story

The Independent, 2nd May 2018

Source: www.independent.co.uk

Important public interest matters to be aired in Paradise Papers trial, says judge – The Guardian

Posted May 3rd, 2018 in BBC, disclosure, documents, law firms, media, news, public interest by tracey

‘Important matters of public interest are likely to be aired in a trial that has been brought against the Guardian and the BBC for their reporting of the Paradise Papers investigation, a senior judge has said.’

Full Story

The Guardian, 2nd May 2018

Source: www.theguardian.com

Disclosure ‘failings’ in rape case woman did not want prosecuted – BBC News

Posted May 1st, 2018 in crime, disclosure, news, prosecutions, rape, victims by tracey

‘New failings over the disclosure of evidence in the criminal justice system have emerged after prosecutors charged a man with rape in a case where the woman involved did not want a charge to be brought.’

Full Story

BBC News, 30th April 2018

Source: www.bbc.co.uk

Justice Secretary announces ambitious first steps in overhaul of Parole Board – Ministry of Justice

Posted April 30th, 2018 in disclosure, parole, press releases, reasons, victims by tracey

‘The findings of the urgent review of parole processes have been published by Justice Secretary David Gauke today, alongside a package of ambitious reforms.’

Full press release

Ministry of Justice, 28th April 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Councillor facing trial for destroying dog poo records – Daily Telegraph

Posted April 26th, 2018 in disclosure, documents, dogs, freedom of information, local government, news by sally

‘A councillor is facing trial for destroying records about a system to catch fouling dog owners in what is believed to be the first case of its kind.’

Full Story

Daily Telegraph, 25th April 2018

Source: www.telegraph.co.uk

Open Up! Access to Upper Tribunal Files – Panopticon

Posted April 25th, 2018 in disclosure, news, third parties, tribunals by sally

‘The Upper Tribunal has its own rules. It is not governed by the CPR. Inevitably, this leaves some gaps on occasion. One of those which occasionally puzzles people interested in the system is that there is no equivalent to CPR rule 5.4C, which allows non-parties the right to ask to see the court file. So can a non-party get access to an Upper Tribunal file, whether or not the material has been referred to in an open hearing?Yes, said the Tax and Chancery Chamber of the Upper Tribunal in Aria Technology Ltd v HMRC & Situation Publishing [2018] UKUT 111 (TCC). Although there was no specific power given in the Rules to disclose documents to non-parties upon request, there was nothing to prohibit it either. The provisions of rule 14(8) – which allows a party to seek a direction preventing disclosure – implicitly recognises a power to disclose. Indeed, Judge Sinfield went further. Applying the open justice principle as set out in no uncertain terms in R (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2012] EWCA Civ 420, the Upper Tribunal had an inherent power and indeed a common law duty to consider any request for access to or disclosure of the court file, including material not referred to in open court.’

Full Story

Panopticon, 25th April 2018

Source: panopticonblog.com

What’s in a Junior Civil Servant’s Name? Personal Data Stoopid – Panopticon

Posted April 24th, 2018 in civil servants, data protection, disclosure, news, tribunals by sally

‘If there is one thing everyone using FOIA is used to, it is the idea that the personal data (names, contact details) of ‘junior civil servants’ will be redacted out of the disclosed information, applying the section 40(2) personal data exemption. Unless there is a good reason not to. But what if everyone is wrong? Is redacting junior civil servants just a personal data shibboleth?’

Full Story

Panopticon, 23rd April 2018

Source: panopticonblog.com

Prejudice to commercial interests – Local Government Law

Posted April 23rd, 2018 in disclosure, freedom of information, news, public interest by tracey

‘In Case No. EA/2017/0057, Hartlepool Borough Council v The Information Commissioner, the FTT was concerned with whether under FoIA Section 43(2) disclosure would or would be likely to prejudice the commercial interests of any party and if so whether the public interest in maintaining that exemption outweighs the public interest in disclosure. The FTT upheld the Commissioner’s Decision that the disputed information must be disclosed. The Borough Council’s Appeal was dismissed.’

Full Story

Local Government Law, 18th April 2018

Source: local-government-law.11kbw.com

Ethics expert calls on SRA to take tougher approach to NDAs – Legal Futures

‘The Solicitors Regulation Authority (SRA) needs to take a tougher approach to non-disclosure agreements (NDAs), a leading legal ethics expert has told MPs.’

Full Story

Legal Futures, 19th April 2018

Source: www.legalfutures.co.uk