Employment lawyers acknowledge place for further regulation of confidentiality agreements but express concern over lack of regulatory clarity – Local Government Lawyer

‘There is a place for further review and regulation of confidentiality agreements (or NDAs), particularly in settlement agreements, to reduce the risk that such agreements prevent proper reporting of sexual misconduct at work, the Employment Lawyers Association (ELA) has said.’

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Local Government Lawyer, 9th May 2019

Source: www.localgovernmentlawyer.co.uk

Church rejects report which says clergy should be allowed to go to police with sex abuse confessions – Daily Telegraph

‘The Church of England is ignoring abuse victims, survivors claim, after it rejected a report saying that clergy should report sex abuse confessions to police.’

Full Church of England report

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Daily Telegraph, 8th May 2019

Source: www.telegraph.co.uk

This week’s round up – Williamson fired over Huawei and the courts return after Easter – UK Human Rights Blog

‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

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UK Human Rights Blog, 7th May 2019

Source: ukhumanrightsblog.com

Grenfell Tower inquiry ‘failing to deliver’ as survivors and bereaved families ‘lose faith’, lawyers warn – The Independent

‘The Grenfell Tower inquiry is “failing to deliver” on promises it made to traumatised survivors and the families of victims, who have “lost faith” in the process, lawyers have warned.’

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The Independent, 6th May 2019

Source: www.independent.co.uk

Law firms “willing to draw up NDAs” that breach SRA guidance – Legal Futures

‘Law firms are willing to draw up non-disclosure agreements (NDAs) that clearly breach Solicitors Regulation Authority (SRA) guidance, according to the woman whose own NDA threw the spotlight on the issue.’

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Legla Futures, 2nd May 2019

Source: www.legalfutures.co.uk

Tribunal rejects law firm’s bid to strike out disability claim – Legal Futures

‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’

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Legal Futures, 2nd May 2019

Source: www.legalfutures.co.uk

Undercover police to have fake identities hidden at inquiry – The Guardian

‘The retired judge leading a public inquiry into the conduct of undercover officers who infiltrated political groups has granted anonymity to two-thirds of the police spies who requested it.’

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The Guardian, 29th April 2019

Source: www.theguardian.com

Rape cases ‘could fail’ if victims refuse to give police access to phones – The Guardian

‘Victims of rape and serious sexual assault who refuse to give police access to their mobile phone contents could allow suspects to avoid charges, two top officials have said.’

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The Guardian, 29th April 2019

Source: www.theguardian.com

NHS non-disclosure agreements to end, vows Matt Hancock – The Guardian

Posted April 23rd, 2019 in disclosure, health, news, non-disclosure agreements, whistleblowers by sally

‘The health secretary has vowed to end the use of non-disclosure agreements that prevent would-be NHS whistleblowers speaking out.’

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The Guardian, 22nd April 2019

Source: www.theguardian.com

Criminals could keep records from employers under review by home secretary Sajid Javid – The Independent

Posted April 17th, 2019 in criminal records, disclosure, employment, news by tracey

‘Employers could be kept in the dark about the criminal records of some job applicants under a review of rules by the home secretary. Sajid Javid said the government needs to “look again” at how much is revealed about people who have committed certain crimes when they apply for jobs.’

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The Independent, 17th April 2019

Source: www.independent.co.uk

UK universities pay out £90m on staff ‘gagging orders’ in past two years – The Guardian

Posted April 17th, 2019 in bullying, disclosure, harassment, news, non-disclosure agreements, universities by tracey

‘UK universities have spent nearly £90m on payoffs to staff that come with “gagging orders” in two years, raising fears that victims of misconduct at higher education institutions are being silenced.’

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The Guardian, 17th April 2019

Source: www.theguardian.com

‘The White Book is wrong’ – Vos offers clarity on disclosure rules – Law Society’s Gazette

Posted April 16th, 2019 in civil procedure rules, disclosure, news, pilot schemes by tracey

‘The chancellor of the High Court has made clear all existing cases must be subject to new disclosure procedures – and not as advised in the lawyers’ bible on litigation.’

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Law Society's Gazette, 16th April 2019

Source: www.lawgazette.co.uk

Vos: Disclosure pilot applies even if order made before January 2019 – Litigation Futures

Posted April 15th, 2019 in civil procedure rules, disclosure, news, pilot schemes by michael

‘The disclosure pilot applies to all Business and Property Courts proceedings, including cases where a disclosure order was made before 1 January 2019, the Chancellor of the High Court has ruled. Sir Geoffrey Vos said the newly published White Book was wrong on this point.’

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Litigation Futures, 15th April 2019

Source: www.litigationfutures.com

Top judge attacks growing ‘abuse’ of parliamentary privilege – The Guardian

‘The lord chief justice has accused MPs and peers of endangering the rule of law through repeated “abuse” of parliamentary privilege to name individuals granted anonymity in court cases.’

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The Guardian, 9th April 2019

Source: www.theguardian.com

Solicitors must think about “impression created” by NDAs – Legal Futures

‘Solicitors must think beyond the drafting of non-disclosure agreements (NDAs) and confidentiality agreements to the “impression created” by them, a panel of experts has warned.’

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Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk

Murder conviction quashed after detective hid relationship with juror – The Guardian

Posted March 20th, 2019 in disclosure, juries, murder, news, police, retrials by sally

‘Three killers had their murder convictions quashed because a police officer involved in the case failed to disclose she knew one of the jurors in their trial, it has been revealed.’

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The Guardian, 19th March 2019

Source: www.theguardian.com

The end of the line for Kennedy v Charity Commission – Panopticon

‘The background, as you may recall, is that Mr Kennedy, a Times journalist, was trying to get information out of the Charity Commission in connection with the ‘Mariam Appeal’, a fund set up by George Galloway MP for the purposes of supporting Iraqi children suffering from leukaemia. Mr Kennedy wanted to get hold of the information in connection with an investigation he was conducting into whether monies collected under the name of Mariam’s Appeal had been misused. Mr Kennedy made a FOIA request to the Charity Commission, which had conducted an investigation into Mariam’s Appeal. Mr Kennedy’s request was refused on the basis that the information requested fell within the scope of s. 32 FOIA (absolute exemption concerning court records).’

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Panopticon, 18th March 2019

Source: panopticonblog.com

R (X) v General Medical Council General Medical Council v X – Blackstone Chambers

‘The Administrative Court has handed down judgment in the case of Dr X which raises important issues about the extent to which a regulator may have to modify its usual publication procedures for reporting disciplinary outcomes where the practitioner claims that publication would expose him or her to a real and immediate risk of death.’

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Blackstone Chambers, 11th March 2019

Source: www.blackstonechambers.com

“No ethical leadership”: Law Society blasted over NDA guidance – Legal Futures

‘Law Society guidance on the use of non-disclosure agreements (NDAs) demonstrates an absence of “ethical leadership” and shows why the profession cannot be allowed to sort such issues on its own, a leading academic has claimed.’

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Legal Futures, 15th March 2019

Source: www.legalfutures.co.uk

Not Knowing the Amount of Compensation Award (EXB (A Protected Party by his Mother and Litigation Friend) v FDZ and Others) – 39 Essex Chambers

‘Emily Formby, barrister at 39 Essex Chambers, considers the case of EXB (a protected party by his mother and litigation friend) v FDZ and others concerning the overlap in jurisdiction between the civil courts and the Court of Protection (CoP). Despite the overlap being commonplace in daily practice, reported cases giving guidance on how to navigate issues thrown up by the different procedures are rarer than one might think.’

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39 Essex Chambers, 8th February 2019

Source: www.39essex.com