disclosure – Page 11 – Current Awareness

Council must pay costs of redacting documents for journalist – Litigation Futures

Posted August 12th, 2020 in costs, disclosure, documents, local government, media, news by sally

‘A local authority must cover the costs of redacting court documents which are being disclosed to a freelance journalist, the High Court has ruled.’

Litigation Futures, 12th August 2020

Source: www.litigationfutures.com

POCA disclosure orders, notices and overseas recipients (Faerman v SFO): James Fletcher for Lexis Nexis – 5SAH

Posted August 12th, 2020 in Administrative Court, chambers articles, disclosure, news, proceeds of crime, Serious Fraud Office by sally

‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’

5SAH, 30th July 2020

Source: www.5sah.co.uk

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

Posted August 10th, 2020 in adoption, care orders, chambers articles, children, costs, data protection, disclosure, documents, families, family courts, human rights, local government, media, news, parental responsibility, privacy by sally

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

Panopticon, 7th August 2020

Source: panopticonblog.com

British trafficking victim sues Priti Patel alleging abuse of personal data – The Guardian

Posted July 31st, 2020 in charities, data protection, disclosure, government departments, human rights, learning difficulties, mental health, news, privacy, trafficking in human beings, victims by sally

‘A British victim of trafficking is bringing a case against the home secretary, Priti Patel, arguing that her department unlawfully accessed personal information including details of her intimate thoughts.’

The Guardian, 30th July 2020

Source: www.theguardian.com

Cape v Dring: High Court clarifies the proper approach to applications by non-parties for access to documents referred to at trial under the inherent jurisdiction and open justice principle – Henderson Chambers

Posted July 30th, 2020 in asbestos, disclosure, documents, industrial injuries, jurisdiction, news, third parties by sally

‘The Cape v Dring litigation concerns an attempt by a non-party to obtain copies of the trial bundle used during a six-week asbestos trial involving Cape which settled before judgment in early 2017. At first instance the Master granted the non-party permission to have copies of all documents, including the trial bundle of 5000 pages of disclosure, referred to at the trial. The Supreme Court confirmed in July 2019 that the non-party was entitled to written submissions, witness statements and expert reports under the inherent jurisdiction of the court, but remitted the question of what, if any, documents in the trial bundle the non-party should obtain to the original trial judge. On 16 July 2020 Picken J considered that question and held that Mr Dring was not entitled to receive any other documents.’

Henderson Chambers, 17th July 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Judges urged to quash Helen McCourt killer’s parole – BBC News

Posted July 30th, 2020 in bereavement, bills, burials and cremation, disclosure, judicial review, murder, news, parole by sally

‘The mother of a 22-year-old insurance clerk murdered in 1988 has asked judges to quash a Parole Board decision to release her daughter’s killer.’

BBC News, 29th July 2020

Source: www.bbc.co.uk

High Court provides clarity on third-party access to court documents – OUT-LAW.com

Posted July 29th, 2020 in appeals, asbestos, civil procedure rules, disclosure, documents, employment, insurance, news, Supreme Court, third parties by tracey

‘The English High Court has refused to give access to court documents on the basis that doing so would not advance the principles of open justice.’

OUT-LAW.com, 28th July 2020

Source: www.pinsentmasons.com

Jack Maxwell and Joe Tomlinson: Model students: why Ofqual has a legal duty to disclose the details of its model for calculating GCSE and A level grades – UK Constitutional Law Association

Posted July 28th, 2020 in coronavirus, disclosure, examinations, news, teachers by sally

‘On 18 March 2020, the UK Government cancelled GCSE and A level exams for students in England. The closure of schools and the need to slow the spread of COVID-19 made exams impracticable. But the Prime Minister confirmed that students would still get ‘the qualifications they need and deserve for their academic career.’ This created an obvious headache for public administration: the objective was to create a legitimate system of assessment, which could maintain confidence, without actual assessments.’

UK Constitutional Law Association, 28th July 2020

Source: ukconstitutionallaw.org

Harry Dunn death: Family drop legal action against Northamptonshire Police – BBC News

Posted July 27th, 2020 in bereavement, dangerous driving, diplomats, disclosure, documents, extradition, families, government departments, immunity, news, police, unlawful killing by sally

‘The parents of a young man whose death in a crash sparked an international diplomatic row have dropped their legal action against Northamptonshire Police.’

BBC News, 26th July 2020

Source: www.bbc.co.uk

Whistleblowers’ lawyers “fear retaliation” over NDAs – Legal Futures

Posted July 24th, 2020 in disclosure, employment, employment tribunals, law firms, news, non-disclosure agreements, public interest, whistleblowers by sally

‘Lawyers acting for whistleblowers have told MPs and peers that they can feel intimidated to raise concerns over non-disclosure agreements (NDAs) because of the threat of retaliation.’

Legal Futures, 23rd July 2020

Source: www.legalfutures.co.uk

Uber drivers to launch legal bid to uncover app’s algorithm – The Guardian

Posted July 20th, 2020 in appeals, data protection, disclosure, employment, equality, news, privacy, self-employment, Supreme Court, taxis by sally

‘Minicab drivers will launch a legal bid to uncover secret computer algorithms used by Uber to manage their work in a test case that could increase transparency for millions of gig economy workers across Europe.’

The Guardian, 20th July 2020

Source: www.theguardian.com

One in 70 recorded rapes in England and Wales led to charge last year – The Guardian

Posted July 20th, 2020 in Crown Prosecution Service, disclosure, evidence, news, police, privacy, prosecutions, rape, sexual offences, statistics, telecommunications, victims by sally

‘Fewer than one in 70 recorded rapes resulted in a charge last year, as tens of thousands of victims did not support demands from police and prosecutors and withdrew from the process.’

The Guardian, 17th July 2020

Source: www.theguardian.com

Asbestos victims fail again in bid to access case papers – Litigation Futures

Posted July 17th, 2020 in appeals, asbestos, damages, disclosure, documents, negligence, news, Supreme Court, third parties by sally

‘The group whose bid to access a bundle from litigation involving an asbestos manufacturer led to a Supreme Court ruling on open justice has failed in its application for the documents.’

Litigation Futures, 16th July 2020

Source: www.litigationfutures.com

The 4 Principles Applicable to Telephone Disclosure by Giles Bridge – Broadway House Chambers

Posted July 13th, 2020 in appeals, chambers articles, disclosure, evidence, news, sexual offences, telecommunications, victims, witnesses by sally

‘You are the witness to or the victim of a crime. The police officer says that they need you to hand over your mobile phone. The officer says it will be examined and all of the contents may be downloaded. The officer cannot say when you will get your phone back. There is a long backlog of phones waiting to be downloaded, it could be a couple of months. It’s your phone, you really rely upon it. Like most people, your average screen time has rocketed during lockdown. There is so much detailed and very personal information on that phone. You ask the officer, ‘Do you really need to take my phone?’ You are very reluctant to hand it over. The officer says, if you do not hand it over the case probably will not go any further. Discussions like this take place every day across the United Kingdom.’

Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

High Court rules on preliminary issues in challenge relating to alleged UK involvement in torture – UK Human Rights Blog

Posted July 10th, 2020 in chambers articles, closed material, disclosure, human rights, inquiries, intelligence services, judicial review, news, rendition, torture by sally

‘In R (Reprieve & Ors) v Prime Minister [2020] EWHC 1695 (Admin), the High Court made a preliminary ruling that Article 6(1) of the ECHR does not apply to the forthcoming judicial review of the Government’s decision not to establish a public inquiry into allegations that the UK intelligence services were involved in the torture, mistreatment and rendition of detainees in the aftermath of 9/11. It was further held that the claimants are not entitled to the level of disclosure of open material outlined in SSHD v AF (No 3) [2009].’

UK Human Rights Blog, 9th July 2020

Source: ukhumanrightsblog.com

Dunn v FCO — the opening skirmishes – UK Human Rights Blog

Posted July 6th, 2020 in dangerous driving, diplomats, disclosure, expert witnesses, families, government departments, human rights, immunity, judicial review, news, unlawful killing by sally

‘In R (Dunn) v The Foreign Secretary and the Chief Constable of Northamptonshire [2020] EWHC 1620 (Admin) the Divisional Court dismissed two applications made in anticipation of the forthcoming rolled up judicial review arising out of the death of Harry Dunn.’

UK Human Rights Blog, 6th July 2020

Source: ukhumanrightsblog.com

Amber Heard can be in court for Johnny Depp’s evidence, high court rules – The Guardian

Posted July 6th, 2020 in cross-examination, defamation, disclosure, domestic violence, evidence, news, witnesses by sally

‘Johnny Depp has failed to stop his ex-wife Amber Heard from watching him give evidence in a libel case over allegations of domestic abuse.’

The Guardian, 4th July 2020

Source: www.theguardian.com

UK judge rules against Johnny Depp over ‘drugs texts’ in libel case – The Guardian

Posted June 30th, 2020 in defamation, disclosure, domestic violence, drug abuse, evidence, news by sally

‘Johnny Depp has breached an order in a libel case by failing to disclose texts that apparently show him trying to obtain drugs, the high court has ruled.’

The Guardian, 29th June 2020

Source: www.theguardian.com

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