‘A court has rejected a bid by a prominent UK businessman to force a gardening company he engaged with to disclose the identity of people given access to recordings of conversations he had with the gardening company’s owner.’
OUT-LAW.com, 14th June 2024
Source: www.pinsentmasons.com
‘The Independent Review into disclosure and fraud offences promised as part of the government’s May 2023 Fraud Strategy has now published its preliminary findings in the disclosure aspect of the investigation.’
Mountford Chambers, 29th May 2024
Source: www.mountfordchambers.com
‘The High Court (Mrs Justice Dias) has handed down its first judgment concerning the Disguised Remuneration Repayment Scheme 2020 (DRRS), and in particular the proper interpretation of the requirement for “reasonable disclosure”. The Claimant, Sensor Solutions Ltd, challenged a decision of HMRC not to make payments to the Claimant under the DRRS.’
Devereux Chambers, 15th May 2024
Source: www.devereuxchambers.co.uk
‘Part I of this blog examined the protection of an individual’s HIV status under the UK’s data protection regime in the context of ongoing litigation against Grindr. Part II examines the human rights implications of the disclosure of individuals’ HIV status to third parties in the European human rights context.’
Oxford Human Rights Hub, 5th June 2024
Source: ohrh.law.ox.ac.uk
‘A case brought in April 2024 before the High Court of England and Wales alleges that Grindr shared sensitive information, including users’ HIV status, with third parties for commercial purposes in breach of the UK’s data protection regime. Grindr is an LGBT+ social networking and dating app with a reputation for facilitating casual sexual encounters between gay men. On their profiles, Grindr users are able to share personal health information, including their HIV status. Sharing such information before sexual intercourse is important since, in England and Wales, the transmission of a sexually-transmitted infection, such as HIV, when a sexual partner did not consent to the risk of infection can be prosecuted under the Offences Against the Person Act 1861 (see section 71 of the Domestic Abuse Act 2021).’
Oxford Human Rights Hub, 4th June 2024
Source: ohrh.law.ox.ac.uk
‘The past decade has seen a marked shift in the regulatory landscape of UK higher education. Institutions are increasingly assuming responsibility for preventing campus sexual misconduct, and are responding to its occurrence through – amongst other things – codes of (mis)conduct, consent and/or active bystander training, and improved safety and security measures. They are also required to support victim-survivors in continuing with their education, and to implement fair and robust procedures through which complaints of sexual misconduct are investigated, with sanctions available that respond proportionately to the seriousness of the behaviour and its harms. This paper examines the challenges and prospects for the success of university disciplinary processes for sexual misconduct. It focuses in particular on how to balance the potentially conflicting rights to privacy held by reporting and responding parties within proceedings, while respecting parties’ rights to equality of access to education, protection from degrading treatment, due process, and the interests of the wider campus community. More specifically, we explore three key moments where private data is engaged: (1) in the fact and details of the complaint itself; (2) in information about the parties or circumstances of the complaint that arise during the process of an investigation and/or resultant university disciplinary process; and (3) in the retention and disclosure (to reporting parties or the university community) of information regarding the outcomes of, and sanctions applied as part of, a disciplinary process. We consider whether current data protection processes – and their interpretation – are compatible with trauma-informed practice and a wider commitment to safety, equality and dignity, and reflect on the ramifications for all parties where that balance between rights or interests is not struck.’
Legal Studies, 3rd May 2024
Source: www.cambridge.org
‘A recent judgment has significant implications for public procurement and the disclosure of documents in English law, writes Cheye Waithe.’
Local Government Lawyer, 3rd May 2024
Source: www.localgovernmentlawyer.co.uk
‘More than three-quarters of neurodivergent lawyers have not disclosed their condition to employers to avoid discrimination, a survey has found.’
Law Society's Gazette, 3rd May 2024
Source: www.lawgazette.co.uk
‘Dispute Resolution analysis: The Managing Judges of the large GLO NOx emissions litigation have dismissed applications seeking the protection of documents used in open Court from use for collateral purposes and for information about the funding arrangements which the Claimants have in place in contemplation of a security for costs application.’
Gatehouse Chambers, 9th April 2024
Source: gatehouselaw.co.uk
‘Breaches of the rules of natural justice have been raised in several recent cases to resist the enforcement of an adjudicator’s decision. Only in AZ v BY [2023] EWHC 2388 (TCC), which concerned the deployment of without prejudice material in an adjudication, did the court refuse to enforce an adjudicator’s decision due to a breach of natural justice (see Legal update, Disclosure of without prejudice material renders adjudicator’s decision unenforceable due to apparent bias (TCC)).’
Gatehouse Chambers, 17th April 2024
Source: gatehouselaw.co.uk
‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’
Guildhall Chambers, 11th March 2024
Source: www.guildhallchambers.co.uk
‘A law lecturer has been ordered to pay £22,500 to a former colleague after sharing confidential information that was later made public on social media.’
Law Society's Gazette, 23rd April 2024
Source: www.lawgazette.co.uk
‘The information watchdog is investigating the British Museum over claims it has been overly secretive about some of the most sensitive items in its collection – a group of sacred Ethiopian altar tablets that have been hidden from view at the museum for more than 150 years.’
The Guardian, 31st March 2024
Source: www.theguardian.com
‘Victims will no longer be prevented from accessing support or legal advice under plans to crack down on the misuse of non-disclosure agreements (NDAs).’
Ministry of Justice, 28th March 2024
Source: www.gov.uk
‘Michael Gove breached standards rules by failing to register hospitality he enjoyed with a Conservative donor whose company was awarded personal protective equipment contracts during the Covid pandemic, parliament’s sleaze watchdog has found.’
The Guardian, 25th March 2024
Source: www.theguardian.com
‘The minister for veterans’ affairs, Johnny Mercer, has been given 10 days to reveal the source of allegations British troops engaged in war crimes in Afghanistan, or face a potential prison sentence.’
The Guardian, 26th March 2024
Source: www.theguardian.com
‘Listed law firm Rosenblatt is facing the prospect of having to pay out millions of pounds after the High Court allowed proceedings for costs orders against it to proceed.’
Legal Futures, 25th March 2024
Source: www.legalfutures.co.uk
‘The non-consensual dissemination of intimate images (NCII) is a form of technology-facilitated, image-based sexual abuse. Despite causing significant harm, research indicates a reluctance to seek support. Thus, this study aimed to develop practitioner recommendations for improving support accessibility by exploring NCII victim-survivors’ disclosure decisions and experiences of accessing support. Thematic Analysis of 31 UK adult victim-survivor interviews revealed informal support was favored, although some did not disclose to anyone. Disclosure responses ranged from supportive to judgmental. Barriers to help-seeking included stigma and perceiving formal support services as inaccessible. Recommendations for improving formal support accessibility such as service visibility, education and inclusive practices are discussed.’
Victims & Offenders, 18 March 2024
Source: www.tandfonline.com
‘The High Court has rejected an attempt to progress a challenge to a major international tax transparency measure where the claimant has refused to identify their litigation funder.’
Legal Futures, 11th March 2024
Source: www.legalfutures.co.uk
‘The daughter of a woman who was murdered by her ex-partner has said she fears more people will be killed because of “poor” handling of an abuse prevention scheme set up in her mother’s memory.’
BBC News, 7th March 2024
Source: www.bbc.co.uk
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