Media can refuse subject access requests if complying could jeopardise stories, says ICO – OUT-LAW.com

‘Newspapers and other media groups can refuse individuals’ requests for access to the personal data those organisations hold about them where the disclosure of that information could jeopardise future stories, the Information Commissioner’s Office (ICO) has said.’

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OUT-LAW.com, 27th January 2014

Source: www.out-law.com

Mike Hancock case: woman wins right to see full QC report – The Guardian

Posted January 27th, 2014 in complaints, disclosure, news, reports, sexual offences, victims by sally

‘The alleged sexual assault victim of MP Mike Hancock has won the right to see a full version of an independent QC’s report about her accusations.’

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The Guardian, 25th January 2014

Source: www.guardian.co.uk

Campaigner’s lawyers challenge secrecy over police spy accused of lying in court – The Guardian

‘Prosecutors are due on Monday to defend their decision to keep secret the cause of a miscarriage of justice involving an undercover police officer who allegedly used his fictitious identity in a criminal trial to conceal his covert work.’

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The Guardian, 26th January 2014

Source: www.guardian.co.uk

Another one bites the dust – life post Jackson and “Mitchell” – Sovereign Chambers

Posted January 22nd, 2014 in appeals, civil procedure rules, disclosure, news, sanctions by sally

‘This is an important case on the question of the correct approach where there has been default in respect of a sanction imposed by the court under the new “post- Jackson” regime, both in terms of the appropriate structure of applications for relief against sanctions. The Court of Appeal overturned the decision of the deputy high court judge and refused to entertain a second application for relief against sanctions where a previous judge had ordered that the defence and counterclaim be struck out.
The history of litigation and orders is slightly complex but has to be understood.’

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Sovereign Chambers, 20th January 2014

Source: www.sovereignchambers.co.uk

Personal data and fitness to practice investigations – Tribunal overturns ‘neither confirm nor deny’ position – Panopticon

‘When an identifiable individual has been the subject of a formal complaint about their competence or conduct, that fact constitutes their personal data. In terms of privacy/publicity decisions, such situations are often approached in this way: where the complaint is well founded or at least merits serious consideration, publication is warranted, but otherwise confidentiality is maintained, lest unjustified aspersions be cast against that person.’

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Panopticon, 17th January 2014

Source: www.panopticonblog.com

Council wins tribunal appeal over disclosure of legal advice and EIR – Local Government Lawyer

‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’

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Local Government Lawyer, 15th January 2014

Source: www.localgovernmentlawyer.co.uk

Disclosure costs force CPS to drop drugs case – Law Society’s Gazette

‘The Crown Prosecution Service offered no evidence in a case of alleged conspiracy to supply class A drugs after the judge refused a prosecution application to adduce new evidence on the second day of the trial.’

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Law Society’s Gazette. 14th January 2014

Source: www.lawgazette.co.uk

Family judge ‘cannot control foreign media’ – BBC News

Posted January 15th, 2014 in anonymity, children, disclosure, family courts, foreign jurisdictions, judges, media, news by tracey

‘A senior family judge says he cannot stop the foreign media from publishing the story of a Slovakian mother whose son has been placed into care.’

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BBC News, 14th January 2014

Source: www.bbc.co.uk

E-disclosure: 2014 & beyond – New Law Journal

Posted January 7th, 2014 in disclosure, documents, news by sally

‘Mark Surguy, Rob Jones & Tracey Stretton predict where law, technology & business are going in 2014 when it comes to e-disclosure.’

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New Law Journal, 6th January 2013

Source: www.newlawjournal.co.uk

Eve’s Law: Domestic violence victims’ addresses ‘may be kept secret’ – BBC News

Posted December 18th, 2013 in disclosure, domestic violence, news, privacy, victims by sally

‘The government will consider a domestic violence campaigner’s proposal for new laws to allow victims to keep their safe house addresses secret in court.’

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BBC News, 17th December 2013

Source: www.bbc.co.uk

Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in November.’

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Family Law Week, 6th December 2013

Source: www.familylawweek.co.uk

Smith v Secretary of State for Energy and Climate Change – WLR Daily

Smith v Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585; [2013] WLR (D) 473

‘In order for the court to have jurisdiction to make an order under CPR r 31.16 for disclosure before proceedings had started, it was not a requirement that the applicant have an arguable case in those proceedings.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

National Security trumps disclosure of Litvinenko secret documents, rules High Court – UK Human Rights Blog

‘Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin). The Foreign Secretary successfully appealed against an order for disclosure of secret documents to the Inquest for the death of former KGB spy Alexander Litvinenko.’

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UK Human Rights Blog, 5th December 2013

Source: www.ukhumanrightsblog.com

Attorney General and the Lord Chief Justice issue revised guidance to the legal profession on disclosure – Attorney General’s Office

Posted December 5th, 2013 in criminal procedure, disclosure, legal profession, news by sally

‘The Attorney General, Dominic Grieve QC MP and the Lord Chief Justice for England and Wales the Lord Thomas today [3 December] published a revised judicial protocol and revised guidance on the disclosure of unused material in criminal cases. They have been prepared following the recommendations of Lord Justice Gross in his September 2011 ‘Review of Disclosure in Criminal Proceedings’ and take account of Lord Justice Gross and Lord Justice Treacy’s ‘Further review of disclosure in criminal proceedings: sanctions for disclosure failure’, published in November 2012.’

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Attorney General’s Office, 3rd December 2013

Source: www.gov.uk/ago

Clare’s Law – what is it and is it what’s needed? – Halsbury’s Law Exchange

‘From March 2014, a scheme allowing police to disclose to individuals details of their partners’ abusive pasts will be extended to police forces across England and Wales, following a successful 14-month pilot in four police force areas. It is intended that this Domestic Violence Disclosure Scheme, or “Clare’s Law”, will provide, “people with the information they need to escape an abusive situation before it ends in tragedy”, according to Home Secretary Theresa May.’

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Halsbury’s Law Exchange, 3rd December 2013

Source: www.halsburyslawexchange.co.uk

Young v Young – An Analysis of the Judgment – Family Law Week

Posted December 2nd, 2013 in bankruptcy, contempt of court, costs, disclosure, divorce, news by sally

‘Thomas Dudley, barrister, of 1 Garden Court Chambers provides a detailed guide to “as complicated a financial remedies case as has been dealt with by the courts”.’

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Family Law Week, 2nd December 2013

Source: www.familylawweek.co.uk

Peaches Geldof could face criminal investigation after tweeting names of women claimed to be involved in Ian Watkins abuse – The Independent

Posted November 29th, 2013 in anonymity, crime, disclosure, internet, news, victims by sally

“Peaches Geldof could face a criminal investigation after she named two women claimed to be the mothers who allowed their babies to be abused by disgraced rock singer Ian Watkins.”

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The Independent, 28th November 2013

Source: www.independent.co.uk

Litvinenko, courts and secrecy – BBC News

‘The government has successfully won a court order blocking the release of secret information in relation to the death of the former KGB spy Alexander Litvinenko. Alexander Litvinenko fell ill after a meeting with former KGB contacts in London in 2006. It is the latest legal twist in what is becoming an ever-more complicated legal fight between his widow, the proposed coroner and ministers over what should or should not be made public about the nature of his death.’

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BBC News, 27th November 2013

Source: www.bbc.co.uk

Alexander Litvinenko inquest: high court halts lifting of secrecy order – The Guardian

Posted November 27th, 2013 in closed material, coroners, disclosure, inquests, intelligence services, murder, news, Russia by tracey

‘The government has won a high court order to prevent the partial lifting of a secrecy order affecting the proposed inquest into the death of former KGB spy Alexander Litvinenko.’

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The Guardian, 27th November 2013

Source: www.guardian.co.uk

Violent history of partners to be disclosed as Clare’s Law rolled out nationwide – Daily Telegraph

Posted November 25th, 2013 in criminal records, disclosure, domestic violence, news, police by tracey

‘A pilot scheme to protect women from violent partners, known as Clare’s Law, is to be rolled out nationwide. Theresa May, the Home Secretary, is expected to announce the full implementation of the law which forces police to disclose details of a person’s violent past if their partner requests it.’

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Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk