Category: disclosure

Police failing to disclose crucial evidence about defendants, report finds – The Independent

Posted July 18th, 2017 in criminal justice, disclosure, evidence, news, police, reports by sally

‘The police and Crown Prosecution Service have been accused of failing to disclose crucial information about cases, resulting in defendants’ right to a fair trial potentially being undermined, according to a new report. Compiled by HM Inspectorate of Constabulary and the HM Crown Prosecution Service Inspectorate, it found that it was rare for police officers to tell prosecutors about evidence that could undermine their case or assist the accused’s – known in legal terms as unused material.’

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The Independent, 18th July 2017

Source: www.independent.co.uk

Police and not council must pay for special advocates in family case, says judge – Local Government Lawyer

Posted July 17th, 2017 in closed material, confidentiality, conspiracy, disclosure, family courts, judges, murder, news, police by sally

‘The police and not a local authority must pay for the provision of special advocates in a rare example of them being required for a Family Court case, Cobb J has ruled.’

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Local Government Lawyer, 17th July 2017

Source: localgovernmentlawyer.co.uk

Disclosure of judge’s handwritten notes – the ICO speaks – Panopticon

Posted July 12th, 2017 in data protection, disclosure, judges, Ministry of Justice, news by sally

‘Some of you may have read in last week’s Guardian of an ICO ruling which resulted in the Ministry of Justice handing over a judge’s handwritten notes under data protection legislation (if not, see the article here). If you did read the article, it may be that you are now scratching your head trying to work out why and how the notes came to be disclosed. Well you need scratch no longer – here is the ICO decision letter (for which thanks to Mrs Percival).’

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Panopticon, 11th July 2017

Source: panopticonblog.com

Shorter trials scheme case keeps costs under control – Litigation Futures

Posted July 11th, 2017 in costs, disclosure, news, pilot schemes, trials by sally

‘A contractual dispute between an oil trader and a biofuels manufacturer has shown the “possibilities for swift and litigation” under the High Court’s shorter trials scheme (STS), according to the barrister acting for the defendant.’

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Litigation Futures, 11th July 2017

Source: www.litigationfutures.com

Court lifts ban on naming faith school in segregation case – The Guardian

Posted July 11th, 2017 in disclosure, Islam, news, sex discrimination by sally

‘A state-funded Muslim faith school in Birmingham at the centre of a legal battle over its policy of gender segregation in the classroom has been named ahead of the start of a court of appeal hearing on the legality of its approach.’

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The Guardian, 10th July 2017

Source: www.theguardian.com

Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs – Tanfield Chambers

Posted July 5th, 2017 in abuse of process, agricultural holdings, appeals, disclosure, jurisdiction, landlord & tenant, news, retirement, statutory interpretation, succession, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’

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Tanfield Chambers, 4th July 2017

Source: www.tanfieldchambers.co.uk

Leigh Day exonerated after longest and most expensive disciplinary tribunal prosecution ever – Legal Futures

Posted June 12th, 2017 in costs, defence, disclosure, documents, government departments, Iraq, law firms, news, professional conduct, solicitors, tribunals by sally

‘The longest and most expensive case brought in the history of the Solicitors Disciplinary Tribunal (SDT) has ended with high-profile claimant lawyer Martyn Day, two of his colleagues and his firm Leigh Day fully exonerated.’

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Legal Futures, 9th June 2017

Source: www.legalfutures.co.uk

Making it up as you go – Nearly Legal

Posted June 7th, 2017 in disabled persons, disclosure, domestic violence, homelessness, housing, human rights, judicial review, local government, London, mental health, news, proportionality, sex discrimination, statutory duty by sally

‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’

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Nearly Legal, 6th June 2017

Source: nearlylegal.co.uk

Competition tribunal scolds Law Society over disclosure failure – Legal Futures

Posted June 7th, 2017 in competition, costs, disclosure, documents, indemnities, Law Society, news, tribunals by sally

‘The president of the Competition Appeal Tribunal (CAT) has reproached the Law Society for a “deeply unimpressive” explanation of its failure to disclose all the documents it should have done in the Socrates case.’

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Legal Futures, 7th June 2017

Source: www.legalfutures.co.uk

IRA bombers of two Birmingham pubs could be ‘named and shamed’ – The Guardian

Posted June 1st, 2017 in disclosure, explosives, inquests, news, terrorism by sally

‘IRA members who planted bombs that destroyed two Birmingham pubs in 1974 could be “named and shamed” in the resumed inquest into the 21 deaths in the atrocity, a hearing has been told.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

‘Trojan Horse’: Cases against teachers dropped – BBC News

Posted May 31st, 2017 in disclosure, inquiries, Islam, news, professional conduct, teachers, witnesses by sally

‘The case against five senior teachers accused of professional misconduct in the so-called “Trojan Horse” inquiry has been dropped.’

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BBC News, 30th May 2017

Source: www.bbc.co.uk

Diary of a Wimpy Minister – Panopticon

Posted May 25th, 2017 in appeals, disclosure, freedom of information, ministers' powers and duties, news, tribunals by sally

‘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

Posted May 25th, 2017 in appeals, disclosure, freedom of information, media, ministers' powers and duties, news, publishing by sally

‘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 sally

‘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 sally

‘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

Posted May 16th, 2017 in civil servants, consultations, disclosure, elections, environmental protection, news, pollution by sally

‘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 sally

‘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