Category: disclosure

M v Times Newspapers Ltd and others – WLR Daily

Posted August 11th, 2014 in anonymity, child abuse, confidentiality, disclosure, freedom of expression, human rights, injunctions, law reports, media, privacy, public interest by sally

M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371

‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’

WLR Daily, 1st August 2014

Source: www.iclr.co.uk

Appeal court backs publication of arrest names – Law Society’s Gazette

Posted August 6th, 2014 in anonymity, appeals, disclosure, human rights, injunctions, media, news, privacy, public interest, sexual grooming, sexual offences, Supreme Court by sally

‘A man arrested but never charged over sexual offences has failed to persuade the Court of Appeal that newspapers should be barred from identifying him.’

Full story

Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

The rise of the secret trial: Closed Material Procedures one year on – UK Human Rights Blog

Posted August 6th, 2014 in closed material, disclosure, ministers' powers and duties, news, reporting restrictions, trials by sally

‘Last week Justice Secretary Chris Grayling reported on how often closed material proceedings (CMPs) have been sought under the Justice and Security Act 2013 (JSA), as he is required to do annually under the Act. As the first and only official consolidated presentation of how the new CMP regime is being used, this two-page written ministerial statement warrants close attention.’

Full story

UK Human Rights Blog, 5th August 2014

Source: www.ukhumanrightsblog.com

IG Index Ltd v Cloete – WLR Daily

Posted August 4th, 2014 in appeals, civil procedure rules, disclosure, documents, employment tribunals, law reports, practice directions, unfair dismissal by sally

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Requests for FOI disclosures in particular formats must generally be adhered to, rules Court of Appeal – OUT-LAW.com

Posted August 4th, 2014 in appeals, disclosure, freedom of information, interpretation, news by sally

‘Public bodies must generally adhere to individuals’ requests for information to be provided in a specific electronic format under freedom of information (FOI) laws, the Court of Appeal in London has ruled.’

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OUT-LAW.com, 1st August 2014

Source: www.out-law.com

Browning v Information Commissioner and Another – WLR Daily

Posted July 31st, 2014 in appeals, civil procedure rules, closed material, disclosure, freedom of information, law reports, tribunals by michael

Browning v Information Commissioner and Another [2014] EWCA Civ 1050;  [2014] WLR (D) 346

‘The First-tier Tribunal (General Regulatory Chamber) Rules 2009 permitted the tribunal when hearing an appeal against a decision of the Information Commissioner to adopt a closed material procedure in which a party and his legal representatives were excluded from the hearing or part of it.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others – WLR Daily

Posted July 25th, 2014 in consent orders, disclosure, freezing injunctions, jurisdiction, law reports by sally

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others: [2014] EWHC 2451 (Ch); [2014] WLR (D) 334

‘If a consent order affected orders made by a judge it was advisable at first instance that any applications in respect of such an order should be made to a judge rather than a master. The court retained a general discretion whether before or after the parties had seen a draft judgment to continue to deliver a judgment where it was appropriate so to do. Even if the parties had effectively put an end to the dispute between themselves, that in itself could not stop the court from raising matters which concerned it.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

In re D (Children) (CAFCASS: Safeguarding Checks) – WLR Daily

Posted July 16th, 2014 in children, consent, contact orders, disclosure, families, inquiries, law reports, proportionality by sally

In re D (Children) (CAFCASS: Safeguarding Checks); [2014] EWHC 2376 (Fam); [2014] WLR (D) 312

‘Whether, in private family law proceedings, safeguarding inquiries should be conducted about third parties, such as partners, would depend on the precise circumstances of the various relationships. In practice, it would be expected that co-operation for such inquiries would generally be sought in respect of partners of the parties and if such a partner did not give his or her consent, an application to the court would usually be made by CAFCASS in its discretion.’

WLR Daily, 20th June 2014

Source: www.iclr.co.uk

 

 

Record number of data complaints made to ICO – BBC News

Posted July 16th, 2014 in appeals, complaints, data protection, disclosure, fines, news, nuisance, privacy, statistics by sally

‘The UK’s information commissioner has called for better funding for the country’s data regulator amid a record number of cases.’

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BBC News, 15th July 2014

Source: www.bbc.co.uk

Data sharing rules must be reformed – Law Commission

Posted July 14th, 2014 in data protection, disclosure, Law Commission, news, privacy by sally

‘The law that governs how public bodies share data must be modernised, simplified and clarified, according to the Law Commission. Law reform will help to create a principled and clear legal structure for protecting individual privacy and for the data sharing required by today’s public bodies and the people they serve.’

Full story

Law Commission, 11th July 2014

Source: www.lawcommission.justice.gov.uk

High Court sets out new procedure to help families of asbestos victims access employment records – Litigation Futures

Posted July 11th, 2014 in asbestos, disclosure, employment, health & safety, industrial injuries, news, personal injuries by sally

‘The High Court has set out a new procedure to help the families of workers who died from asbestos-related diseases trace their employment histories.’

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Litigation Futures, 11th July 2014

Source: www.litigationfutures.com

High Court rules that identity of client is covered by privilege – Legal Futures

Posted July 11th, 2014 in anonymity, confidentiality, disclosure, internet, law firms, news, privilege by sally

‘The High Court has rejected a bid to force a law firm to disclose the identity of a former client who revealed confidential information in an anonymous blog.’

Full story

Legal Futures, 11th July 2014

Source: www.legalfutures.co.uk

Appeal judges to hear BSB “misleading conduct” case – Legal Futures

Posted July 10th, 2014 in appeals, disciplinary procedures, disclosure, documents, forgery, news, professional conduct by sally

‘The Court of Appeal is to hear a disciplinary case which led to the Bar Standards Board being accused by Lord Justice Moses of “misleading conduct”.’

Full story

Legal Futures, 10th July 2014

Source: www.legalfutures.co.uk

Met must respond to spy allegations in undercover police case, court rules – The Guardian

Posted July 2nd, 2014 in compensation, damages, disclosure, environmental protection, news, police, psychiatric damage, public interest, women by sally

‘The Metropolitan police cannot use its policy of “neither confirm nor deny” in response to damages claims brought by women who claim they were tricked into forming relationships with undercover officers.’

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The Guardian, 2nd July 2014

Source: www.guardian.co.uk

You cannot be serious! Peers call ‘out’ on Government’s judicial review reforms – UK Human Rights Blog

Posted July 2nd, 2014 in bills, consultations, costs, disclosure, judicial review, judiciary, news, parliament, protective costs orders, public interest, rule of law by sally

‘Last night saw the House of Lords’ first reaction to the Government’s proposed changes to judicial review as the Criminal Justice and Courts Bill had its second reading. Already dissected at some length in this blog, the proposals have been roundly criticised by both the senior judiciary and the Joint Committee on Human Rights. Consultations responses, including from JUSTICE, expressed concern that the measures appear, by design or coincidence, to undermine the rule of law, inhibit transparency and shield the Government from judicial scrutiny. Two key concerns arise from the Government proposals: restricting access for individuals without substantial means and limiting the courts’ discretion to do justice in the public interest. Yesterday’s debate was robust and eloquent, with former Law Lords joined by bishops and backbenchers alike to condemn the new measures.’

Full story

UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

Posted June 27th, 2014 in appeals, child abduction, children, disclosure, human rights, jurisdiction, law reports, news, parental responsibility, passports, proportionality by sally

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk

UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

Posted June 26th, 2014 in appeals, criminal records, disclosure, employment, human rights, news, privacy, proportionality, Supreme Court, vetting by sally

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

Full story

OUT-LAW.com, 25th June 2014

Source: www.out-law.com

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) – WLR Daily

Posted June 24th, 2014 in appeals, cautions, criminal records, disclosure, employment, human rights, law reports, police, privacy, Supreme Court, ultra vires by sally

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and others intervening); Regina (B) v Secretary of State for the Home Department and another (Same intervening) [2014] UKSC 35; [2014] WLR (D) 271

‘The provisions in Part V of the Police Act for the automatic release of a person’s convictions, cautions and warnings— regardless of their relevance or the length of time that had elapsed— when that person was required, by reason of articles 3 or 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, to obtain and disclose an enhanced criminal record certificate for the purpose of obtaining employment or some other position which involved working with children or other vulnerable groups of persons, did not meet the requirement of legality for the purposes of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was incompatible with the person’s right to respect for their private life guaranteed by that article. Moreover, the provisions contravened article 8 in that they were not “necessary in a democratic society”, as required by article 8.2.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

High Court: provision of reference containing details of uncompleted disciplinary action was “unfair” use of personal data – OUT-LAW.com

Posted June 24th, 2014 in data protection, disciplinary procedures, disclosure, employment, news, police, privacy by sally

‘Whether it is “fair” to share an individual’s personal data for lawful public policy reasons requires a careful balancing of the interests of that individual and the interests of others, including the public interests, the High Court in England has said.’

Full story

OUT-LAW.com, 23rd June 2014

Source: www.out-law.com

Regina (Nunn) v Chief Constable of Suffolk Constabulary – WLR Daily

Posted June 20th, 2014 in appeals, disclosure, evidence, forensic science, law reports, murder, Supreme Court by sally

Regina (Nunn) v Chief Constable of Suffolk Constabulary: [2014] UKSC 37; [2014] WLR (D) 265

‘Where, after a defendant’s trial had ended in his conviction, material came to light which might cast doubt on the safety of the conviction, the prosecutors’ duty of disclosure required him to disclose that material to the defendant, unless there were good reason not to do so, and, where there was a real prospect that further inquiry might reveal such material, to make that inquiry. There was, however, no indefinitely continuing duty on police or prosecutors to respond to whatever inquiries the defendant might make for access to case materials to allow re-investigation.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk