Category: disclosure

Regina (Joicey) v Northumberland County Council – WLR Daily

Posted December 2nd, 2014 in disclosure, documents, energy, law reports, local government, noise, planning by sally

Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506

‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Supreme Court agrees to hear case on breach of unless order – Litigation Futures

Posted November 28th, 2014 in appeals, civil procedure rules, disclosure, freezing injunctions, news, shareholders, Supreme Court by sally

‘The Supreme Court is to consider the consequences of failing to comply with an unless order for a second time, it has emerged.’

Full story

Litigation Futures, 28th November 2014

Source: www.litigationfutures.com

Attorney general’s rejection of ruling on Charles letters was unlawful, court told – The Guardian

Posted November 25th, 2014 in attorney general, disclosure, documents, news, royal family, Supreme Court, trials, veto by sally

‘The government’s most senior legal adviser acted unlawfully when he overrode a court and blocked the publication of secret letters written by Prince Charles, the supreme court has been told.’

Full story

The Guardian, 25th November 2014

Source: www.guardian.co.uk

Information even unlawfully obtained is admissible to the GMC – UK Human Rights Blog

Posted November 24th, 2014 in disciplinary procedures, disclosure, doctors, evidence, human rights, news, police by sally

‘The High Court has ruled that although information obtained unlawfully by the police is admissible in regulatory proceedings (even if not in criminal proceedings), it “carries little weight” in the assessment of competing interests required by Article 8(2).’

Full story

UK Human Rights Blog, 23rd November 2014

Source: www.ukhumanrightsblog.com

Prince Charles letters row: Supreme Court to hear case – BBC News

Posted November 24th, 2014 in confidentiality, disclosure, freedom of information, news, royal family, veto by sally

‘The Supreme Court is set to consider whether letters from Prince Charles to the government should be made public.’

Full story

BBC News, 24th November 2014

Source: www.bbc.co.uk

CPS decide no criminal charges should be brought following investigation into police actions in relation to the Kevin Nunes murder trial – Crown Prosecution Service

Posted November 20th, 2014 in complaints, Crown Prosecution Service, disclosure, evidence, misfeasance in public office, police, press releases, prosecutions, reports by tracey

‘Operation Kalmia 2 was an investigation to determine whether any offences had been committed in connection with Staffordshire Police’s handling of disclosure of unused material in a prosecution (relating to the death of Kevin Nunes), which resulted in the convictions for murder in the subsequent criminal proceedings being quashed by the Court of Appeal. Following an investigation led by Chief Constable of Derbyshire Mick Creedon and managed by the Independent Police Complaints Commission (IPCC), the Crown Prosecution Service (CPS) was asked to consider allegations in relation to two matters relating to the handling of the murder trial.’

Full press release

Crown Prosecution Service, 19th November 2014

Source: www.cps.gov.uk

Plevin v Paragon Personal Finance Ltd and another – WLR Daily

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin v Paragon Personal Finance Ltd and another [2014] UKSC 61; [2014] WLR (D) 487

‘An agreement for payment protection insurance was unfair within the meaning of section 140A of the Consumer Credit Act 1974, as inserted, when the debtor had not been told, before concluding the agreement, that over 70% of the one-off £5,780 premium would be used to pay commission to various parties.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) – Supreme Court

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) [2014] UKSC 61 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Blowing the budget – New Law Journal

Posted November 18th, 2014 in budgets, case management, costs, disclosure, news by sally

‘Richard Harrison argues that the present structure of case and costs management is misconceived.’

Full story

New Law Journal, 12th November 2014

Source: www.newlawjournal.co.uk

Relief From Sanction – Without A Formal Application – Zenith PI Blog

Posted November 10th, 2014 in appeals, disclosure, news, repossession, time limits by sally

‘In Cutler v Barnet LBC (QBD 21/10/14) Supperstone J held that a judge had erred in not considering a defendant’s oral application for relief from sanction. The court had a discretion to consider such an application even where a formal application under Part 23 had NOT been made.’

Full story

Zenith PI Blog, 10th November 2014

Source: www.zenithpi.wordpress.com

Angela Patrick: Suing the state: judicial competence, restraint and redress in Belhadj – UK Constitutional Law Association

Posted November 7th, 2014 in closed material, disclosure, legal profession, news, privilege, rendition, state immunity by tracey

‘The coverage of last week’s Court of Appeal’s decision in Belhadj & Or. v Straw & Ors [2014] EWCA Civ 1394 has thus far generated more political heat than legal light. When a claim involves the suit of named officials and former Ministers for their alleged role in the rendition of a major political figure in the new Libya and his family to face torture under the Gaddafi regime, this is perhaps understandable. In a week where the Government – in the context of this claim – has conceded that it must disclose certain of its policies on surveillance and legal professional privilege, it is unsurprising that the press has had little time to digest the detail of this judgment.’

Full story

UK Constitutional Law Association, 7th November 2014

Source: http://ukconstitutionallaw.org/blog/

Regina (B and others) v Westminster Magistrates’ Court and others – WLR Daily

Posted November 7th, 2014 in closed material, disclosure, evidence, extradition, law reports, magistrates by tracey

Regina (B and others) v Westminster Magistrates’ Court and others: [2014] UKSC 59; [2014] WLR (D) 470

‘A judge hearing extradition proceedings in the magistrates’ court had no power under the Extradition Act 2003 to hear evidence in a closed court and to make an order prohibiting the disclosure to the government of the requesting state of evidence adduced by individuals whose extradition was being sought. Extradition proceedings were not in a special category which would justify a departure from the principle of open justice.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Compensation Fund could pay the price after High Court buy-to-let ruling – Legal Futures

Posted November 7th, 2014 in compensation, conveyancing, disciplinary procedures, disclosure, fiduciary duty, news, solicitors by tracey

‘The Solicitors Compensation Fund could be hit by a new wave of property claims after a High Court ruling on two test cases relating to a buy-to-let scheme.’

Full story

Legal Futures, 7th November 2014

Source: www.legalfutures.co.uk

MI5, MI6 and GCHQ ‘spied on lawyers’ – BBC News

Posted November 7th, 2014 in disclosure, intelligence services, legal profession, news, privilege, spying by tracey

‘British intelligence agencies have policies allowing staff to access confidential communications between lawyers and their clients, official documents have revealed.’

Full story

BBC news, 6th November 2014

Source: www.bbc.co.uk

Letting in a chink of light to closed material cases : Bank Mellat again – UK Human Rights Blog

Posted November 6th, 2014 in banking, closed material, disclosure, human rights, news, setting aside by sally

‘Fireworks here from Collins J in making sure that Bank Mellat got some disclosure of information in its fight to discharge a financial restriction order against it.’

Full story

UK Human Rights Blog, 5th November 2014

Source: www.ukhumanrightsblog.com

The Dickens Dossier: Secret file on establishment paedophiles may be opened – The Independent

Posted November 6th, 2014 in child abuse, disclosure, documents, inquiries, news, sexual offences by sally

‘A secret file which is said to contain the names of paedophiles with links to the British establishment and which is rumoured to be locked away in archives at the University of Oxford’s Bodleian Library, could be made public as part of the Government’s child abuse inquiry.’

Full story

The Independent, 5th November 2014

Source: www.independent.co.uk

Tribunal rejects call by FOI requester for names of legal advisors at care regulator – Local Government Lawyer

Posted November 5th, 2014 in care workers, disclosure, freedom of information, news, tribunals by sally

‘The First-tier Tribunal (FTT) has upheld the Care Quality Commission’s refusal to supply the names of individuals who provided it with legal advice on the de-registration of a care agency.’

Full story

Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk

Theresa May accused of delaying abuse report publication amid inquiry furore – The Guardian

Posted November 3rd, 2014 in child abuse, delay, disclosure, inquiries, news, reports, sexual offences by sally

‘Theresa May, the home secretary, has been accused of delaying the release of a completed report about the Home Office’s handling of child abuse allegations during the furore about who should chair the new official inquiry into what happened.’

Full story

The Guardian, 2nd November 2014

Source: www.guardian.co.uk

High Court tests the limits of confidentiality in EC infringement decisions – Competition Bulletin from Blackstone Chambers

Posted October 30th, 2014 in airlines, confidentiality, disclosure, EC law, judgments, news, price fixing by sally

‘The European Commission came in for some stern criticism from the High Court this week, in a case which looks set to test the boundaries of confidentiality in EC infringement decisions: see Emerald Supplies v BA [2014] EWHC 3515 (Ch).’

Full story

Competition Bulletin from Blackstone Chambers, 30th October 2014

Source: www.competitionbulletin.com

Good Things Come to Those Who (Have Inherent) Weight – Panopticon

Posted October 30th, 2014 in appeals, disclosure, freedom of information, news, public interest, tribunals by sally

‘Philosophically, everything must have an inherent weight. Otherwise it would have no weight at all. But FOIA is not concerned with philosophy; it is much more concerned with who is in charge of the sheep dip, and indeed the levels of public funding for the sheep being dipped. (No points for spotting that reference, Bruce.) As a result, there are often debates in the FOIA case law about whether a particular qualified exemption contains an inherent weight, i.e. is the fact that the exemption is engaged at all sufficient to place some weight in the public interest balance against disclosure? The answer varies according to the particular exemption.’

Full story

Panopticon, 29th October 2014

Source: www.panopticonblog.com