disclosure – Page 49 – Current Awareness

In re Z (Children) (DNA Profiles: Disclosure) – WLR Daily

Posted February 20th, 2015 in appeals, care orders, children, disclosure, DNA, enforcement, human rights, law reports, paternity, police, privacy by sally

In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76

‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

CA supports anonymity orders in personal injury approval hearings – UK Human Rights Blog

Posted February 20th, 2015 in anonymity, appeals, birth, children, codes of practice, consent, disclosure, freedom of expression, media, news, personal injuries, privacy, reporting restrictions by sally

‘For some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement. This welcome decision of the Court of Appeal means that anonymity orders will normally be made in cases involving protected parties.’

UK Human Rights Blog, 19th February 2015

Source: www.ukhumanrightsblog.com

Costs and Applications for Pre-action Disclosure – Zenith PI Blog

Posted February 12th, 2015 in civil procedure rules, costs, disclosure, news, pre-action conduct by sally

‘It may come as a surprise to many solicitors that there is a presumption that the costs of making and complying with an application for pre-action disclosure are to be paid by the party making the application.’

Zenith PI Blog, 11th February 2015

Source: www.zenithpi.wordpress.com

The Algebra of FOIA – Panopticon

Posted February 9th, 2015 in disclosure, freedom of information, news, public interest, tribunals by sally

‘It is no matter of Euclidian geometry to say that where x + y = z, and z = 13, being told what y equals one need not be Pythagoras to establish the value of x. But what happens when z is in the public domain, x is absolutely exempt information under FOIA (because it is caught by section 23(1)) and the public interest otherwise favours the disclosure of y, which is not the subject of an exemption? Inevitably, the effect of disclosure is that the absolutely exempt information is also revealed. The Interim Decision of the Upper Tribunal in Home Office v ICO & Cobain [2014] UKUT 306 (AAC) was that the Tribunal had to consider whether it was appropriate to utilise the section 50(4) FOIA power so as not to direct disclosure. The issue may be formulaic, but the answer is not.’

Panopticon, 6th February 2015

Source: www.panopticonblog.com

Tribunal tells council to disclose redactions from housing viability assessment – Local Government Lawyer

Posted February 6th, 2015 in disclosure, housing, local government, news, planning, tribunals by sally

‘The First-tier Tribunal has ordered a London council to disclose redacted information in a viability assessment that led to the authority allowing a developer to vary the amount of affordable housing on a major site.’

Local Government Lawyer, 6th February 2015

Source: www.localgovernmentlawyer.co.uk

MoD faces tribunal challenge from whistleblower doctor sacked by text – The Guardian

Posted February 2nd, 2015 in disclosure, employment tribunals, government departments, inquests, Iraq, news, unfair dismissal, whistleblowers by sally

‘An experienced doctor, who has questioned the official explanation for the death of weapons expert David Kelly, was dismissed by text and email while on a family holiday after he blew the whistle about alleged discrepancies in the dispensing of strong painkillers at an army base.’

The Guardian, 30th January 2015

Source: www.guardian.co.uk

Clare’s Law: Worried someone you know has a violent past? Here’s how to find out – Daily Telegraph

Posted January 27th, 2015 in disclosure, domestic violence, news, police by sally

‘A new law, designed to protect individuals from domestic abuse, has made more than 1,300 disclosures since it was launched 10 months ago. But how does it work and how do you go about making a request? Claire Cohen offers a practical guide.’

Daily Telegraph, 26th January 2015

Source: www.telegraph.co.uk

Britain open to terrorist drone attacks due to lax aviation rules, experts fear – The Independent

Posted January 26th, 2015 in aircraft, bills, disclosure, enforcement, freedom of information, news, terrorism by sally

‘Terrorists could use swarms of drones to bring down passenger aircraft, disperse chemical or biological weapons and target a nuclear power plants in Britain because of our lax aviation rules.’

The Independent, 23rd January 2015

Source: www.independent.co.uk

‘Clare’s Law’ saves 1,300 women from violent partners in first year – The Independent

Posted January 26th, 2015 in criminal records, disclosure, domestic violence, murder, news, statistics, women by sally

‘A groundbreaking scheme that allows women to discover if their partner has a history of violence has been hailed a success after figures showed that more than 1,300 such warnings have been issued in less than a year.’

The Independent, 26th January 2015

Source: www.independent.co.uk

Call for Chilcot to release Iraq documents ‘immediately’ – The Guardian

Posted January 26th, 2015 in disclosure, documents, inquiries, Iraq, news, war by sally

‘Senior politicians have called for the immediate publication of all documents cleared for release by the Iraq war inquiry.’

The Guardian, 24th January 2015

Source: www.guardian.co.uk

Public access barrister wins appeal after BSB evidence blunder – Law Society’s Gazette

Posted January 22nd, 2015 in appeals, barristers, disciplinary procedures, disclosure, evidence, news by sally

‘A public access barrister disbarred for fabricating client letters has won his appeal after the Bar Standards Board was found to have withheld crucial evidence.’

Law Society’s Gazette, 20th January 2015

Source: www.lawgazette.co.uk

Court of Appeal: BSB official “blind to any sense of fairness” in disciplinary prosecution – Legal Futures

Posted January 21st, 2015 in barristers, disciplinary procedures, disclosure, evidence, forgery, inns of court, judicial review, news, witnesses by sally

‘The Court of Appeal has criticised in the strongest language the behaviour of an official at the Bar Standards Board (BSB) responsible for “subverting the rules” on disclosure.’

Legal Futures, 21st January 2015

Source: www.legalfutures.co.uk

How to apply the DPA – Panopticon

Posted January 16th, 2015 in data protection, disclosure, freedom of information, necessity, news by sally

‘Section 40 of FOIA is where the Freedom of Information Act (mantra: disclose, please) intersects with the Data Protection Act 1998 (mantra: be careful how you process/disclose, please).’

Panopticon, 15th January 2015

Source: www.panopticonblog.com

Asking for relief – NearlyLegal

Posted January 12th, 2015 in case management, civil procedure rules, disclosure, housing, legal aid, legal representation, news, proportionality, repossession, time limits by sally

‘This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting.’

NearlyLegal, 10th January 2015

Source: www.nearlylegal.co.uk

Call for publication of review into man who killed himself after benefits cut – The Guardian

Posted January 12th, 2015 in benefits, disabled persons, disclosure, inquiries, mental health, news, reports, suicide by sally

‘The sister of a partially sighted man who killed himself after his benefits were cut is calling on the UK government to publish details of its review into his case, one of 60 internal investigations of suicides linked to benefit changes it has carried out since 2012.’

The Guardian, 11th January 2015

Source: www.guardian.co.uk

Recovering Inquest Costs in Civil Proceedings – Zenith PI Blog

Posted December 17th, 2014 in costs, damages, disclosure, inquests, legal representation, murder, news, proportionality by sally

The Senior Court Cost Office has handed down a decision in the above case offering additional guidance as to when and what costs of attending an inquest can be recovered in subsequent civil proceedings.

Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

Commons watchdog will publish names of MPs facing expenses investigation – Daily Telegraph

Posted December 16th, 2014 in disclosure, expenses, media, news, parliament, privacy, private hearings by tracey

‘IPSA will name MPs who face investigation into their expenses, but they will be able to have the hearings in private.’

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

DWP urged to publish inquiries on benefit claimant suicides – The Guardian

Posted December 15th, 2014 in benefits, disclosure, government departments, inquiries, mental health, news, statistics, suicide by tracey

‘The Department for Work and Pensions has been urged by mental health and disability charities to publish its secret investigations into suicides that may have some link to benefit changes, following revelations that it has carried out internal reviews into 60 such cases.’

The Guardian, 14th December 2014

Source: www.guardian.co.uk

Judicial reviews: a decision that’s best left to judges – The Guardian

Posted December 10th, 2014 in bills, costs, disclosure, human rights, intelligence services, interception, investigatory powers, judicial review, judiciary, news, parliament, public interest, telecommunications, tribunals by sally

‘The justice secretary wants to restrict access to judicial reviews, but judging the lawfulness of executive action should not be a matter for the executive.’

The Guardian, 10th December 2014

Source: www.guardian.co.uk

Public access barrister named as ‘a risk’ to clients – Law Society’s Gazette

Posted December 9th, 2014 in barristers, complaints, disciplinary procedures, disclosure, legal ombudsman, news by sally

‘The Legal Ombudsman has taken the unprecedented step of naming a lawyer who has been subject to 25 complaints in the past two years.’

Law Society’s Gazette, 9th December 2014

Source: www.lawgazette.co.uk

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