Category: disclosure

Dawson-Damer and others v Taylor Wessing LLP and others – WLR Daily

Posted August 12th, 2015 in confidentiality, data protection, disclosure, documents, interpretation, law reports, legal profession, privacy, privilege by sally

Dawson-Damer and others v Taylor Wessing LLP and others [2015] EWHC 2366 (Ch); [2015] WLR (D) 361

‘The purpose of section 7 of the Data Protection Act 1998 entitling an individual to have access to information in the form of his “personal data” was to enable him to check whether the data controller’s processing of it unlawfully infringed his privacy and, if so, to take such steps as the Act provided, to protect it. It was no part of its purpose to enable the individual to obtain discovery of documents that might assist him in litigation or complaints against third parties.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

Mental health background checks: new guidance issued by Home Office – The Guardian

Posted August 10th, 2015 in codes of practice, criminal records, data protection, detention, disclosure, mental health, news, privacy, vetting by sally

‘New guidelines to be issued by the Home Office will make clear the factors that must be considered before mental health crises are disclosed in background checks made on people applying to work with vulnerable groups.’

Full story

The Guardian, 9th August 2015

Source: www.guardian.co.uk

On fairness and principle: the legacy of ZZ re-examined – Michael Rhimes – UK Human Rights Blog

Posted August 7th, 2015 in disclosure, EC law, employment tribunals, human rights, news, race discrimination, religious discrimination, unfair dismissal, vetting by sally

‘Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776 (21 July 2015). In my last post on UKHRB I commented on developments in UK, ECHR and EU jurisprudence relating to procedural fairness in the context of national security.
The developments in this recent case offer some further interesting thoughts on the topic.’

Full story

UK Human Rights Blog, 6th August 2015

Source: www.ukhumanrightsblog.com

Sarah’s Law is ‘not working’, NSPCC warn – Daily Telegraph

Posted July 30th, 2015 in criminal records, disclosure, news, police by sally

‘Just one in six applications to the police under Sarah’s Law is successful according to figures obtained by the NSPCC under the Freedom of Information Act.’

Full story

Daily Telegraph, 30th July 2015

Source: www.telegraph.co.uk

The Seventh Veil? – New Square Chambers

Posted July 28th, 2015 in company law, consultations, disclosure, news, regulations by sally

‘Mark Hubbard considers new legislation requiring greater transparency in the ownership and management of companies.’

Full story

New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

How Interesting? The public interest disclosure requirement of s.43B(1) of the Employment Rights Act – No. 5 Chambers

Posted July 27th, 2015 in disclosure, employment, news, public interest, whistleblowers by sally

‘Not everything that may be interesting to the public is likely to be ‘in the public interest’. But is that a commonly held or understood view? Does the retention of a subjective test in s.43B(1) of the Employment Rights Act 1996 (detriment due to the making of a ‘public interest’ disclosure) mean that the purpose of the 2013 amendment to that section will not always achieve the intended aim?’
Full story

No. 5 Chambers, 30th July 2015

Source: www.no5.com

Ring Fencing – New Square Chambers

Posted July 27th, 2015 in Crown Court, disclosure, news, self-incrimination, stay of proceedings by sally

‘There is an important question of the circumstances in which a civil trial can take place during the period when a defendant is being prosecuted for related matters in the Crown Court.’

Full story

New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Foreigners must disclose criminal records to come to UK – but European Union is exempt – Daily Telegraph

Posted July 21st, 2015 in criminal records, disclosure, immigration, news, visas by sally

‘Immigrants from outside Europe will be required to provide details of their criminal records or be refused entry to Britain, under new measures to be introduced by the Government. From September everyone applying to come to Britain under certain visa routes will have to provide proof of criminal record checks from every country they have lived in for the last 10 years.’

Full story

Daily Telegraph, 20th July 2015

Source: www.telegraph.co.uk

Former employee found guilty over Morrisons data theft – Crown Prosecution Service

Posted July 20th, 2015 in abuse of position of trust, computer crime, costs, data protection, disclosure, fraud, news, privacy, sentencing, theft by sally

‘Andrew Skelton, a former employee of Morrisons supermarket has today (17 July) been found guilty of fraud, securing unauthorised access to computer material and disclosing personal data. He has been sentenced to eight years at Bradford Crown Court, in relation to stealing personal data belonging to nearly 100,000 Morrisons employees.’

Full story

Crown Prosecution Service, 17th July 2015

Source: www.cps.gov.uk

Secret ‘Practice Directions’ and Royal Wills – Panopticon

Posted July 17th, 2015 in disclosure, freedom of information, news, practice directions, royal family, wills by sally

‘Mr Brown became a well-known figure in litigation circles when he sought to unseal the Will of Princess Margaret in the belief that it might reveal information showing him to be her illegitimate son. In the course of his unsuccessful litigation, it was revealed that there existed what had been described orally during the court proceedings as a “Practice Direction in respect of the handling of Royal Wills” (although there is dispute over precisely what form this document takes and whether it is really a Practice Direction at all), produced by the-then President of the Family Division following liaison with the Royal Household.’

Full story

Panopticon, 16th July 2015

Source: www.panopticonblog.com

Application for strike out inappropriate where single failure to comply and order contained no sanction for non-compliance – Zenith PI

Posted July 17th, 2015 in disclosure, news, striking out, time limits by sally

‘ARDILA INVESTMENTS NV V ENRC NV (2015) QBD (Comm)(Leggatt J)

On 8th July 2015 Leggatt J ordered that it had not been appropriate to strike out a claim due to a claimant’s single failure to comply with a directions order for disclosure, where the order contained no sanction for non-compliance. The claimant’s failure had been serious, therefore an unless order was made giving further time for compliance, in default of which the claim would be struck out.’

Full story

Zenith PI, 17th July 2015

Source: www.zenithpi.wordpress.com

Criminal record checks: guidance for employers – Home Office

Posted July 15th, 2015 in codes of practice, criminal records, data protection, disclosure, employment, news by sally

‘How employers or organisations can request DBS checks for potential employees.’

Full guidance

Home Office, 14th July 2015

Source: www.gov.uk/home-office

Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

Posted July 10th, 2015 in appeals, disclosure, environmental protection, freedom of information, judicial review, legal profession, local government, news, planning, privilege, public interest, solicitors, tribunals by sally

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

Full story

OUT-LAW.com, 9th July 2015

Source: www.out-law.com

Tribunal rejects request for correspondence between solicitor and planning officers – Local Government Lawyer

Posted June 30th, 2015 in appeals, confidentiality, disclosure, documents, legal profession, local government, news, planning, precedent, privilege, public interest, solicitors, telecommunications by sally

‘The First-Tier Tribunal has ruled that a district council was entitled to refuse to disclose correspondence passing between one of its solicitors and various members of its planning department.’
Full story

Local Government Lawyer, 30th June 2015

Source: www.localgovernmentlawyer.co.uk

Judge’s Instagram ruling a ‘practical solution’ to problems of online anonymity, says expert – OUT-LAW.com

Posted June 30th, 2015 in anonymity, civil procedure rules, complaints, disclosure, documents, harassment, injunctions, internet, news, sexual offences by sally

‘A judge’s decision to allow a man experiencing alleged harassment over the internet to serve legal claims to the person accused of the activity via Instagram “appears to be a practical solution” to the issue of online anonymity, an expert has said.’

Full story

OUT-LAW.com, 26th June 2015

Source: www.out-law.com

Greville Janner case: Alison Saunders faces calls to publish secret papers – Daily Telegraph

Posted June 30th, 2015 in child abuse, Crown Prosecution Service, disclosure, documents, elderly, inquiries, mental health, news, public interest, sexual offences, victims by sally

‘Alleged child abuse victims and MPs say independent review of bungled case must be made public.’

Full story

Daily Telegraph, 29th June 2015

Source: www.telegraph.co.uk

‘Broader interest of justice’ can trump parties’ duty of candour in judicial review cases, says Privy Council – OUT-LAW.com

Posted June 22nd, 2015 in appeals, costs, disclosure, duty of candour, gambling, judicial review, licensing, news, Privy Council by sally

‘Courts should not dismiss an application for judicial review solely on the grounds that one party has not complied with its duty to disclose all necessary facts and issues if doing so would not be in the interests of justice, one of the UK’s highest courts has ruled.’

Full story

OUT-LAW.com, 19th June 2015

Source: www.out-law.com

Regulator opens investigations into transparency of paid online endorsements – OUT-LAW.com

Posted June 22nd, 2015 in advertising, codes of practice, competition, consumer protection, disclosure, internet, news, unfair commercial practices by sally

‘The Competition and Markets Authority (CMA) is investigating whether a number of businesses have broken consumer protection laws by failing to disclose that they have paid others to endorse their company online.’

Full story

OUT-LAW.com, 19th June 2015

Source: www.out-law.com

Coroner in SAS inquest blocks release of witness statements – The Guardian

Posted June 22nd, 2015 in armed forces, coroners, criminal justice, disclosure, evidence, inquests, media, news, witnesses by sally

‘A coroner hearing the inquest of three men who suffered fatal heat illness during an SAS training march in south Wales has refused to allow the release of witness statements, concluding that their publication could threaten any future criminal prosecutions. The Guardian and other media organisations argued that in the interest of open justice, statements taken by detectives investigating the tragedy on the Brecon Beacons and provided to the inquest should be released to allow the proceedings to be reported fully.’

Full story

The Guardian, 19th June 2015

Source: www.guardian.co.uk

Chagos islanders go to supreme court in battle to be allowed home – The Guardian

Posted June 22nd, 2015 in appeals, armed forces, Chagos Islands, disclosure, documents, news, royal prerogative, Supreme Court by sally

‘Former residents of the Chagos Islands who were forcibly removed from their homeland more than 40 years ago will take their long legal battle to the UK’s highest court on Monday.’

Full story

The Guardian, 22nd June 2015

Source: www.guardian.co.uk