Disclosure requirements for ‘high risk’ UK tax avoidance scheme promoters come into force – OUT-LAW.com

Posted March 11th, 2015 in disclosure, HM Revenue & Customs, news, tax avoidance by sally

‘Promoters of tax avoidance schemes that have been identified as “high risk” by UK tax authorities must now publicise that they are being monitored so that potential customers are aware of the risks of using them, HM Revenue and Customs (HMRC) has announced.’

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OUT-LAW.com, 10th March 2015

Source: www.out-law.com

Regina (Ingenious Media Holdings Ltd) v Revenue and Customs Commissioners – WLR Daily

Regina (Ingenious Media Holdings Ltd) v Revenue and Customs Commissioners: [2015] EWCA Civ 173; [2015] WLR (D) 104

‘In the particular circumstances of the case limited disclosures made by a Revenue and Customs official in an “off the record” briefing with journalists concerning tax avoidance schemes had been made “for the purposes” of a function of the Revenue and Customs, within section 18(2)(a)(i). Therefore there had been no breach of article 18(1) of the Commissioners for Revenue and Customs Act 2005, which required the commissioners to maintain confidentiality of information about a taxpayer’s affairs.’

WLR Daily, 4th March 2015

Source: www.iclr.co.uk

Nuptial Agreements: The Search for Intention – Family Law Week

‘Ben Wooldridge, pupil at 1 Hare Court, reviews the court’s treatment of nuptial agreements since Radmacher v Granatino [2010] UKSC 42, highlighting emerging trends and the growing significance of the parties’ intentions in determining enforceability.’

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Family Law Week, 5th MArch 2015

Source: www.familylawweek.co.uk

Cyril Smith abuse allegations: Cabinet Office denies cover-up – The Guardian

‘Documents released to Mail on Sunday reveal Margaret Thatcher knew of child abuse allegations against Rochdale MP before he was given knighthood.’

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The Guardian, 8th March 2015

Source: www.guardian.co.uk

JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev – WLR Daily

JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev [2015] EWCA Civ 139; [2015] WLR (D) 94

‘Under the terms of a freezing order the court had jurisdiction to order a member of a class of beneficiaries under a discretionary trust to make disclosure of the details of the trust and the trust assets.’

WLR Daily, 27th February 2015

Source: www.iclr.co.uk

Disclosure and Barring Service checks: an individual’s rights – Halsbury’s Law Exchange

Posted March 3rd, 2015 in criminal records, data protection, disclosure, employment, news, vetting by sally

‘Another of my articles has considered s56 of the Data Protection Act, which makes it an offence for an employer to compel a current or prospective employee to make a data subject access request. These subject access requests can reveal an individual’s spent criminal convictions as well as other sensitive personal information, and are therefore highly invasive and potentially highly prejudicial to an individual’s employment prospects.’

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Halsbury’s Law Exchange, 3rd March 2015

Source: www.halsburyslawexchange.co.uk

Home Secretary announces investigation into collapsed police trial – Home Office

Posted February 27th, 2015 in disclosure, miscarriage of justice, murder, police, press releases, prosecutions by sally

‘A QC-led investigation into the collapse of a police trial following the wrongful conviction of three people for the murder of Lynette White.’

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Home Office, 26th February 2015

Source: www.gov.uk/home-office

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) – WLR Daily

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) [2015] EWCA Civ 96 ; [2015] WLR (D) 77

‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.

WLR Daily, 17th February 2015

Source: www.iclr.co.uk

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

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

‘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.’

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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.’

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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.’

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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.’

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Local Government Lawyer, 6th February 2015

Source: www.localgovernmentlawyer.co.uk

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

‘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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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

‘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.’

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Legal Futures, 21st January 2015

Source: www.legalfutures.co.uk