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

‘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 sally

‘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 sally

‘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 sally

‘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 sally

‘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

Kensington & Chelsea fined £120k for disclosure of owners of empty properties – Local Government Lawyer

‘The Royal Borough of Kensington and Chelsea has been hit with a £120,000 monetary penalty by the Information Commissioner’s Office (ICO) after the council unlawfully identified 943 people who owned vacant properties in the borough.’

Full Story

Local Government Lawyer, 16th April 2018

Source: www.localgovernmentlawyer.co.uk

Tribunal: journalist entitled to obtain tax appeal documentation – OUT-LAW.com

‘A journalist should generally be entitled to obtain copies of documentation lodged with the tribunal as part of a tax appeal, including the grounds of appeal and the response of HM Revenue and Customs (HMRC), the Upper Tribunal (UT) has ruled.’

Full Story

OUT-LAW.com, 13th April 2018

Source: www.out-law.com

Chambers could be forced to publish data on sexual orientation and religion – Legal Futures

Posted April 12th, 2018 in barristers, consultations, disclosure, diversity, homosexuality, news, privacy by sally

‘The Bar Standards Board (BSB) is considering a rule change which would mean chambers would have to include sexual orientation and religion in the diversity data they publish on their websites.’

Full Story

Legal Futures, 12th April 2018

Source: www.legalfutures.co.uk

Universities urged to get ‘basics right’ on sexual harassment – OUT-LAW.com

Posted April 4th, 2018 in disclosure, employment, harassment, news, sexual offences, universities by sally

‘Universities must do more to address sexual harassment or face legal and reputational consequences, an employment law expert has said.’

Full Story

OUT-LAW.com, 3rd April 2018

Source: www.out-law.com

Law Pod UK Ep. 28: No More Full Disclosure for Women Forced into Sex Work – 1 COR

‘Jo Moore tells Rosalind English about a recent ruling which means that women who were forced into the sex trade at a younger age don’t need to disclose their convictions when applying for jobs which require DBS checks.’

Full Story

Law Pod UK, 26th March 2018

Source: audioboom.com

Costs challenge: judge blocks historic files disclosure – Law Society’s Gazette

Posted March 29th, 2018 in costs, disclosure, documents, law firms, news, pre-action conduct by sally

‘A judge has refused to hand over historic case documents to a former client claiming to be overcharged by a law firm in the latest blow to costs recovery claims.’

Full Story

Law Society's Gazette, 28th March 2018

Source: www.lawgazette.co.uk

Statement from the Justice Secretary on judgment re: John Worboys – Ministry of Justice

Posted March 29th, 2018 in consultations, disclosure, parole, press releases, victims by sally

‘Statement from the Lord Chancellor and Justice Secretary, David Gauke, in response to today’s judgment.’

Full press release

Ministry of Justice, 28th March 2018

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