Category: disclosure

Personal data and politicians’ names – Panopticon

Posted March 21st, 2016 in appeals, closed material, council tax, data protection, disclosure, freedom of information, human rights, local government, news, privacy, public interest, tribunals by sally

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

Full story

Panopticon, 18th March 2016

Source: www.panopticonblog.com

The snooper’s charter is flying through parliament. Don’t think it’s irrelevant to you – The Guardian

Posted March 14th, 2016 in bills, disclosure, human rights, intelligence services, interception, investigatory powers, judiciary, news, police, privacy, telecommunications, terrorism by sally

‘While the Apple v FBI row makes world headlines, people in the UK are disregarding a bill that permits hacking and gagging.’

Full story

The Guardian, 14th March 2016

Source: www.guardian.co.uk

Finance and Divorce Update (March 2016) – Family Law Week

Posted March 7th, 2016 in appeals, charities, consent orders, costs, debts, disclosure, divorce, domestic violence, evidence, families, family courts, financial dispute resolution, financial provision, legal aid, limitations, news, prenuptial agreements, time limits, ultra vires, women by sally

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

Full story

Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

Big money divorce case secrecy row could trigger appeals, warns judge – Daily Telegraph

Posted February 29th, 2016 in appeals, disclosure, divorce, evidence, family courts, news, private hearings, public interest by sally

‘Disagreement between top judges over whether details of couples’ lives can be publicised “needs to be dealt with”, says Mr Justice Moor’

Full story

Daily Telegraph, 28th February 2016

Source: www.telegraph.co.uk

Two leading genealogists clash in High Court defamation battle – Daily Telegraph

Posted February 23rd, 2016 in defamation, disclosure, documents, harassment, news by sally

‘Daniel Curran, star of Heir Hunters, has been ordered to disclose documents relating to defamatory allegations made against his rival.’

Full story

Daily Telegraph, 23rd February 2016

Source: www.telegraph.co.uk

‘Disproportionate’ disclosure application denied in swaps mis-selling claim – Commercial Disputes Blog

Posted February 22nd, 2016 in appeals, banking, compensation, complaints, consumer protection, disciplinary procedures, disclosure, documents, financial services ombudsman, news, proportionality by sally

‘In Claverton Holdings Ltd v Barclays Bank plc, the Commercial Court rejected an application by the claimant for specific disclosure against the defendant bank. The court found that the documents sought, which related to other mis-selling allegations against the bank employees featuring in the claimant’s case, would have little probative value and adducing them would place a disproportionate burden on the defendant.’

Full story

Commercial Disputes Blog, 16th February 2016

Source: www.rpc.co.uk

High Court dismisses judicial review challenge to HMRC’s decision to restrict the availability of the Liechtenstein disclosure facility – RPC Tax Take

Posted February 22nd, 2016 in disclosure, HM Revenue & Customs, judicial review, news, taxation by sally

‘In R (on the application of City Shoes Wholesale Ltd) v Revenue & Customs Commissioners [2016] EWHC 107 (Admin), the High Court rejected an application for judicial review of HMRC’s refusal to grant the nine claimants, all of whom had operated employee benefit trusts (EBTs), the full benefits of the Liechtenstein disclosure facility (LDF). The court dismissed the claimants’ application for judicial review on the basis that their applications were never registered and therefore they had no legitimate expectation to receive full benefit of the LDF, and there had been no abuse of power or error of law by HMRC.’

Full story

RPC Tax Take, 18th February 2016

Source: www.rpc.co.uk

UK court approves use of predictive coding as basis for e-disclosure for the first time – OUT-LAW.com

Posted February 19th, 2016 in computer programs, costs, courts, disclosure, documents, news by sally

‘A UK court has approved for the first time the use of predictive coding as a basis for determining which electronic documents are relevant to a dispute.’

Full story

OUT-LAW.com, 18th February 2016

Source: www.out-law.com

High Court approves use of predictive coding – Litigation Futures

Posted February 17th, 2016 in computer programs, costs, courts, disclosure, documents, news by michael

‘The High Court has approved the use of predictive coding in e-disclosure, for what is believed to be the first time in this jurisdiction.’

Full story

Litigation Futures, 17 February 2016

Source: www.litigationfutures.com

Pursuing damages for bribery in the civil courts – OUT-LAW.com

Posted February 17th, 2016 in bribery, civil justice, damages, disclosure, fiduciary duty, fraud, news, search & seizure, Supreme Court, victims by michael

‘Under the 2010 Bribery Act, bribery is a criminal offence and companies are required to have in place adequate procedures in order to prevent those associated with them from undertaking bribery. Adequate procedures provide the company with a defence to the criminal offences set out in the Act. However, what is often overlooked is the ability of the company to pursue both the recipient of the bribe as well as the briber for its financial losses and, in some cases, damages for fraud.’

Full story

OUT-LAW.com, 16 February 2016

Source: www.out-law.com

MPs to use Human Rights Act to claim anonymity if arrested by police – Daily Telegraph

Posted February 8th, 2016 in anonymity, disclosure, human rights, inquiries, media, news, parliament, police, privacy by sally

‘MPs will use human rights laws this week to prevent politicians being named the House of Commons after their arrest.’

Full story

Daily Telegraph, 7th February 2016

Source: www.telegraph.co.uk

Babbage: Court orders release of Zimbabwean foreign criminal, criticises Government lawyers – Free Movement

Posted February 3rd, 2016 in deportation, detention, disclosure, drug offences, news, passports, solicitors, Zimbabwe by sally

‘In the case of R (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 (Admin) Mr Justice Garnham ordered the release of a detained Zimbabwean foreign criminal. In the process, he was corruscating critical of the conduct of Government lawyers acting for the Secretary of State for the Home Department.’

Full story

Free Movement, 3rd February 2016

Source: www.freemovement.org.uk

High Court ruling outlines extraordinary scale of allegations against Blavo & Co – Legal Futures

Posted February 3rd, 2016 in disclosure, fraud, law firms, legal aid, mental health, news, statistics by sally

‘A High Court judge has said there is a “strongly arguable case” that collapsed firm Blavo & Co, formerly the UK’s leading mental health practice, made “many thousands” of false legal aid claims.’

Full story

Legal Futures, 2nd February 2016

Source: www.legalfutures.co.uk

Close legal loophole which means public services contractors don’t have disclose their work, say campaigners – The Independent

Posted January 26th, 2016 in contracting out, disclosure, freedom of information, news by sally

‘Companies who operate everything from prisons to parking services and prosecuting TV licence evaders must be made more accountable, campaigners say.’

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The Independent, 25th January 2016

Source: www.independent.co.uk

Criminal record disclosure checks ruled ‘unlawful’ – BBC News

Posted January 25th, 2016 in criminal records, disclosure, employment, news, proportionality, vetting by sally

‘Two people who claimed their careers were being blighted by having to disclose their minor criminal convictions to employers have won their case at the High Court.’

Full story

BBC News, 22nd January 2016

Source: www.bbc.co.uk

Regina v R and others – WLR Daily

Posted January 14th, 2016 in appeals, criminal procedure, disclosure, documents, evidence, law reports by sally

Regina v R and others [2015] EWCA Crim 1941; [2015] WLR (D) 552

‘The Court of Appeal (Criminal Division) gave guidance on the proper approach to disclosure of unused material in criminal proceedings where large quantities of documents, in particular electronic documents, were involved, and also on the approach to an abuse of process application where proceedings were delayed because of the disclosure exercise.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

No relief from the Supreme Court – Radcliffe Chambers

Posted January 13th, 2016 in civil procedure rules, contracts, disclosure, freezing injunctions, news, sanctions, Supreme Court by sally

‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’

Full story

Radcliffe Chambers, 7th January 2016

Source: www.radcliffechambers.com

New guidance for public bodies on FOI requests for information they intend to publish in future – OUT-LAW.com

Posted January 11th, 2016 in codes of practice, disclosure, freedom of information, news, public interest by sally

‘Public bodies will find it harder to justify decisions to withhold information requested under freedom of information (FOI) laws on the basis that they intend to publish the material in future where no date has been set for that publication, according to newly issued guidance.’

Full story

OUT-LAW.com, 11th January 2016

Source: out-law.com

Regina (AZ) v Secretary of State for the Home Department – WLR Daily

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

Supreme Court: Failure to disclose evidence did not breach Art 6 – UK Human Rights Blog

Posted December 21st, 2015 in disclosure, evidence, human rights, jurisdiction, news, Scotland, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal against a decision of Scotland’s High Court of Justiciary (available here) in which it refused to overturn a criminal conviction on the basis that the non-disclosure of evidence breached the appellant’s right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).’

Full story

UK Human Rights Blog, 18th December 2015

Source: www.ukhumanrightsblog.com