Tax avoiders don’t have human rights – Philippa Whipple QC – UK Human Rights Blog

Posted November 7th, 2013 in appeals, disclosure, HM Revenue & Customs, human rights, news, tax avoidance by tracey

“R (on the application of Ingenious Media Holdings plc and Patrick McKenna v Her Majesty’s Revenue and Customs [2013] EWHC 3258 (Admin).
Sales J has rejected an application for judicial review by Ingenious Media Holdings plc and Patrick McKenna, who complained that senior officials in HMRC had identified them in ‘off the record’ briefings.”

Full story

UK Human Rights Blog, 6th November 2013

Source: www.ukhumanrightsblog.com

Iraq Inquiry: Hold-up over access to key documents – BBC News

Posted November 7th, 2013 in delay, disclosure, documents, inquiries, Iraq, news by tracey

“The Iraq Inquiry says it cannot proceed with the next phase of its work because key information, including correspondence between Tony Blair and George W Bush, has yet to be released.”

Full story

BBC News, 6th November 2013

Source: www.bbc.co.uk

Curtains for the French Blocking Statute? – Competition Bulletin from Blackstone Chambers

Posted November 5th, 2013 in appeals, competition, disclosure, foreign jurisdictions, news by sally

“Never the most celebrated actor on the stage of English litigation, the French Blocking Statute nonetheless has its fans, particularly among competition lawyers. The recent decision of the Court of Appeal in Secretary of State for Health v Servier Laboratories [2013] EWCA Civ 1234, however, may prove the Statute’s final curtain call in this jurisdiction.”

Full story

Competition Bulletin from Blackstone Chambers,

Source: www.competitionbulletin.com

Plan to publish historical police records announced – Home Office

Posted October 31st, 2013 in archives, disclosure, documents, news, police, publishing by michael

“Proposals for making historical police records public were announced today by the Home Office following a recommendation by the Hillsborough Independent Panel.”

Full story

Home Office, 31st October 2013

Source: www.gov.uk/home-office

Public register to boost company transparency – Department for Business, Innovation and Skills & Prime Minister’s Office

Posted October 31st, 2013 in company law, disclosure, news, shareholders by michael

“Details of who really owns and controls UK companies will be made publicly accessible, the Prime Minister announced at the Open Government Partnership summit.”

Press release

BIS and Prime Minister’s Office, 31st October 2013

Source: www.gov.uk/government/organisations/department-for-business-innovation-skills

Solicitors’ indemnity insurance: Is the withdrawal of insurers creating a black hole for policyholders? – Hardwicke Chambers

Posted October 30th, 2013 in disclosure, indemnities, insurance, Law Society, news, solicitors by sally

“Professional indemnity insurance (‘PII’) cover for solicitors is notoriously forgiving to policyholders on the issue of non-disclosure.”

Full story

Hardwicke Chambers, 18th October 2013

Source: www.hardwicke.co.uk

Judge bans film of Afghan ‘execution’ by British Marine – The Independent

Posted October 29th, 2013 in appeals, armed forces, courts martial, disclosure, execution, news, video recordings by sally

“Footage showing the alleged execution of an injured Afghan insurgent by a British serviceman will not be released for fear it could spark revenge attacks on troops, a judge has ruled.”

Full story

The Independent, 28th October 2013

Source: www.independent.co.uk

Two new Upper Tribunal decisions: commercial confidentiality, ministerial communications – Panopticon

Posted October 28th, 2013 in confidentiality, disclosure, news, public interest, tribunals by sally

“The Upper Tribunal has issued two decisions on information rights matters this week. Both are by Upper Tribunal Judge David Williams, and both include substantive treatments of some of the issues that arise most commonly in information rights litigation.”

Full story

Panopticon, 25th October 2013

Source: www.panopticonblog.com

Secretary of State for Health and others v Servier Laboratories Ltd and others National Grid Electricity Transmission plc v ABB Ltd and others – WLR Daily

Secretary of State for Health and others v Servier Laboratories Ltd and others
National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234 ; [2013] WLR (D) 401

“It was not mandatory for the court to make use of Council Regulation (EC) No 1206/2001 in order to obtain information or disclosure from a party to litigation from another member state, notwithstanding that compliance with an order made by the court under CPR Pt 18 or Pt 31 might expose the party to a risk of criminal prosecution in that member state.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

More transparency for Court of Protection – Daily Telegraph

Posted October 18th, 2013 in Court of Protection, disclosure, news, reporting restrictions by tracey

“The Court of Protection could be opened up to the public and media in the future, one of the country’s most senior judges said.”

Full story

Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

High Court orders disclosure of closed judgment in Afghanistan interrogation case – UK Human Rights Blog

Posted October 17th, 2013 in closed material, disclosure, judgments, news, witnesses by sally

“In ‘Evans (No. 1)’, a 2010 case concerning the transfer of suspected insurgents for questioning in certain military centres in Afghanistan, the High Court had ruled, partly in an open judgment, partly in closed proceedings, that UK transfers to NDS Kandahar and NDS Lashkar Gah could proceed without risk of ill treatment (which is contrary to UK policy), but that it would be a breach of the policy and therefore unlawful for transfers to be made to NDS Kabul. It was subsequently discovered that there had not been jurisdiction to follow a closed procedure in that case, but what was done could not be undone, so the confidentiality agreements and the closed judgment remained in force.”

Full story

UK Human Rights Blog, 16th October 2013

Source: www.ukhumanrightsblog.com

High Court refuses to delay high street court battle with MasterCard – The Lawyer

“An attempt by MasterCard to avoid a multi-billion damages claim from a dozen retailers because the monthly due diligence costs charged by its lawyers at Jones Day could be as much as £700,000 has been rejected by the High Court.”

Full story

The Lawyer, 16th October 2013

Source: www.thelawyer.com

The House That Jackson Built – Zenith Chambers

Posted October 15th, 2013 in budgets, civil procedure rules, disclosure, housing, news, witnesses by sally

“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact (if any) the reforms and stated ‘culture change’ have had, and are likely to have, upon those practising housing law.”

Full story

Zenith Chambers, 15th October 2013

Source: www.zenithchambers.co.uk

Jail sentence penalties for data breaches will be consulted on despite Government’s scepticism – OUT-LAW.com

“The Government has reiterated its commitment to consult on introducing custodial sentences as a possible penalty for individuals who breach UK data protection laws.”

Full story

OUT-LAW.com, 11th October 2013

Source: www.out-law.com

Eclairs Group Ltd and another v JKX Oil & Gas plc and others – WLR Daily

Eclairs Group Ltd and another v JKX Oil & Gas plc and others [2013] EWHC 2631 (Ch); [2013] WLR (D) 373

“The ‘reasonable cause to believe’ provision in section 793 of the Companies Act 2006 operated for the purposes of all its subsections, but operated only in relation to the addressee of a notice. Questions directed to a person who had or was believed to have an interest in the company’s shares about the interests of another person had to be questions about interests in the addressee’s shares, not other shares. It was permissible to ask and receive an answer to the direct question ‘Does [the third party] have an interest?’.”

WLR Daily, 30th August 2013

Source: www.iclr.co.uk

Haunted by one’s past – yet another criminal records case – Panopticon

Posted October 11th, 2013 in criminal records, disclosure, employment, news, taxis by sally

“As I mentioned in my post last week, the case of T v Secretary of State for the Home Department, which concerns the legality of the current CRB regime, is shortly to be considered by the Supreme Court. The issue in T is whether the blanket requirement that criminal convictions and cautions must be disclosed in the context of an enhanced criminal record check (“ECRC”) undertaken for the purposes of certain types of employment (particularly employment with children or vulnerable adults), even though they are spent, is Article 8 compliant.”

Full story

Panopticon, 10th October 2013

Source: www.panopticonblog.com

Failure to respond to FOI request more promptly than ‘long stop’ 20 days deadline needs to be justified, says watchdog – OUT-LAW.com

“Public authorities may need to maintain a record to justify why they are unable to respond to freedom of information (FOI) requests more promptly than within 20 working days after the Information Commissioner’s Office (ICO) released new guidance.”

Full story

OUT-LAW.com, 8th October 2013

Source: www.out-law.com

Watchdog warning over ‘unnecessary’ gagging clauses – BBC News

“The use of ‘gagging clauses’ risks stopping employees from speaking out about failures in the public sector, the National Audit Office has warned.”

Full story

BBC News, 8th October 2013

Source: www.bbc.co.uk

Refusal of relief from sanctions also highlights negligence risk for solicitors, warns QC – Litigation Futures

Posted October 9th, 2013 in disclosure, negligence, news, sanctions, solicitors, time limits by sally

“The latest High Court decision refusing relief from sanctions shows how tough the courts are becoming in implementing the Jackson reforms, a QC has warned.”

Full story

Litigation Futures, 9th October 2013

Source: www.litigationfutures.com

Domestic abuse victims should have right to keep address secret, say campaigners – Daily Telegraph

Posted October 7th, 2013 in children, debts, disclosure, domestic violence, news, privacy, victims by sally

“A woman is calling for new laws to allow victims of domestic violence to withhold their addresses in court to protect them and their children.”

Full story

Daily Telegraph, 6th October 2013

Source: www.telegraph.co.uk