‘A peer has been found to have broken the Code of Conduct after failing to properly declare her role in a not-for-profit company.’
The Independent, 20th April 2023
Source: www.independent.co.uk
‘Dispute Resolution analysis: On appeal, an order for disclosure against neutral Interim Administrators of the estate of a deceased person, requiring the search of review of non-contemporaneous internal documents has been upheld.’
Gatehouse Chambers, 24th March 2023
Source: gatehouselaw.co.uk
‘The Institute of Licensing (IoL) has issued a briefing note on the Rehabilitation of Offenders Act 1974 in order to provide assistance to licensing authorities, applicants and representatives in relation to protected convictions and cautions.’
Local Government Lawyer, 28th March 2023
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal in London has decided that HM Revenue and Customs (HMRC) can disclose confidential information about one taxpayer to another taxpayer in the context of a tax appeal.’
OUT-LAW.com, 27th March 2023
Source: www.pinsentmasons.com
‘The Guardian newspaper reported the decision in Re X (Disclosure to Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam) with the headline, “social worker who abused ex-partner loses fight to keep details from regulator”. Reading that one might instinctively think, “well, of course he lost”. For my part, when I read beyond the Guardian’s journalism and into Knowles J’s 67 paragraph judgment in this matter, I may also have thought “well, of course he lost”.’
UK Human Rights Blog, 14th March 2023
Source: ukhumanrightsblog.com
‘A High Court judge has allowed an appeal brought by a mother over whether a judgment in long-running private law proceedings that made findings of domestic abuse against the father, who works as a social worker, should be sent to his regulator, Social Work England (SWE).’
Local Government Lawyer, 10th March 2023
Source: www.localgovernmentlawyer.co.uk
‘A former victims’ commissioner has criticised Lancashire Police for being “sexist” after they controversially revealed Nicola Bulley’s alcohol issues.’
The Independent, 17th February 2023
Source: www.independent.co.uk
‘A victim of suspected labour abuse who confidentially disclosed details of exploitation to government investigators says she has been subjected to threats and intimidation after she was outed to her employer.’
The Guardian, 5th February 2023
Source: www.theguardian.com
‘The Public Interest Disclosure Act, which introduced Part IVA and S.103A into the Employment Rights Act 1996, was regarded as pioneering, world-leading, legislation when it was passed in 1998. The importance protecting whistleblowers has become generally accepted in the years since then, not only in the United Kingdom but in Europe and beyond.. It is a reasonable assumption that a great deal of “whistleblowing” takes place each and every day which, before 1998, would not have occurred and it does so without any adverse action being taken against the “whistleblowers”. That is a massive cultural change for the better. PIDA and those who framed it must take a great deal of credit for it. However there is no longer a consensus that the legislative framework and the way in which it operates in practice is fit for the purposes of, on the one hand, ensuring that responsible whistleblowers are protected from retribution and, on the other, seeing that those wrongs or hazards to which responsible whistleblowers have drawn attention are remedied or prevented. Indeed Georgina Halford-Hall CEO Whistleblowers UK, writing in the Introduction to All Party Parliamentary Group (APPG) Report “Making Whistleblowing Work for Society” said, “In 2020, PIDA is the equivalent of having teeth extracted without anaesthetic.” It is difficult to disagree. And in 2022 the orthodontic experience she was referring to is likely to be even more painful.’
Littleton Chambers, 5th December 2022
Source: littletonchambers.com
‘A recent decision by the England and Wales High Court, refusing to grant a declaration that company officers could not assert privilege in respect of emails stored in a corporate email system, provides useful lessons to businesses on legal professional privilege and disclosure, according to a legal expert.’
OUT-LAW.com, 14th December 2022
Source: www.pinsentmasons.com
‘Earlier this year, in a Divisional Court judgment that garnered much attention from public lawyers, the Home Office conceded that its secret and blanket policy of seizing and downloading data from the mobile phones of all those arriving by small boats was unlawful: R (HM, MA and KH) v Secretary of State for the Home Department [2022] EWHC 695 (Admin). Having initially denied the existence of the blanket policy as “based on anecdote and surmise” in pre-action correspondence, a position from which the government did not resile following the commencement of judicial review proceedings, the defendant belatedly accepted in advance of the hearing that such a policy did indeed operate between April and November 2020 (para 32). The defendant ultimately accepted that their position prior to this point was “inadvertently inconsistent with the duty of candour” and offered an “unreserved apology” (para 32).’
UK Constitutional Law Association, 7th December 2022
Source: ukconstitutionallaw.org
‘The costs recovery outfit chasing personal injury firms on behalf of former clients has suffered another body blow through a new losing court judgment.’
Law Society's Gazette, 11th November 2022
Source: www.lawgazette.co.uk
‘Essex County Council has personally apologised to a man and agreed to pay him £55,000 in compensation following a civil compensation claim over sexual abuse he suffered as a child while in the council’s care.’
Local Government Lawyer, 4th November 2022
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal has provided guidance on social media evidence in age assessment cases. Donnchadh Greene examines its ruling.’
Local Government Lawyer, 4th November 2022
Source: www.localgovernmentlawyer.co.uk
‘The Solicitors Regulation Authority (SRA) is going to have to wait until the end of the Post Office inquiry before it can take formal disciplinary action against any lawyers involved in the scandal, it has revealed.’
Legal Futures, 24th October 2022
Source: www.legalfutures.co.uk
‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’
Gatehouse Chambers, 11th October 2022
Source: gatehouselaw.co.uk
‘A sex abuse survivor has been paid a substantial sum after claiming school staff failed to protect her when she was raped by her mother’s partner.’
BBC News, 14th October 2022
Source: www.bbc.co.uk
‘Electronically stored information (ESI) is crucial to resolving your disputes and complying with your disclosure obligations.’
OUT-LAW.com, 4th October 2022
Source: www.pinsentmasons.com
‘Six-year-old Rikki Neave disappeared after leaving home for school in November 1994 – his body was discovered the following day. A BBC investigation has found that police ignored scientific evidence to build a case against his mother, leaving his killer free for more than 20 years.’
BBC News, 3rd October 2022
Source: www.bbc.co.uk
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