Gohil v Gohil (No 2) – WLR Daily

Gohil v Gohil (No 2): [2014] EWCA Civ 274; [2014] WLR (D)  126

‘It was not open to a first instance judge in family proceedings to set aside a financial relief order solely on the basis that there was fresh evidence sufficient to satisfy the guidelines which applied to the admission of fresh evidence in the Court of Appeal.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

Police bid to obtain journalistic material refused – Supreme Court – UK Human Rights Blog

Posted March 14th, 2014 in closed material, disclosure, evidence, news, police by sally

‘R (on the application of British Sky Broadcasting Limited) (Respondent) v The Commissioner of Police of the Metropolis (Appellant) [2014] UKSC 17. This was an appeal from a ruling by the Administrative Court that it was procedurally unfair, and therefore unlawful, for BSkyB to have had a disclosure order made against it without full access to the evidence on which the police’s case was based and the opportunity to comment on or challenge that evidence.’

Full story

UK Human Rights Blog, 13th March 2014

Source: www.ukhumanrightsblog.com

Regina (British Sky Broadcasting Ltd) v Central Criminal Court (B and another intervening) – WLR Daily

Posted March 14th, 2014 in closed material, disclosure, evidence, law reports, news, police by sally

Regina (British Sky Broadcasting Ltd) v Central Criminal Court (B and another intervening); [2014] UKSC 17;  [2014] WLR (D)  123

‘On the hearing of an application by a police officer for a production order under section 9 of, and Schedule 1 to, the Police and Criminal Evidence Act 1984, seeking access to journalistic material held by a news organisation for the purposes of an investigation into an alleged offence, the court could not have regard to evidence adduced by the police in support of the application which had not been disclosed to the news organisation.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Regina (Evans) v Attorney General – WLR Daily

Regina (Evans) v Attorney General; [2014] EWCA Civ 254;  [2014] WLR (D)  124

‘The issue of a certificate by the Attorney General, an accountable person under the Freedom of Information Act 2000, of a certificate under section 53(2) of the Act so as to override and render ineffective a decision of an independent and impartial tribunal required more than that he merely disagreed with the tribunal’s determination. Examples of what would suffice were that there had been a material change of circumstances since the tribunal’s decision or that it was clearly flawed in fact or in law.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Fatal bug surgeon John Lu wins disclosure case – BBC News

Posted March 14th, 2014 in consent, disclosure, doctors, medical treatment, news by sally

‘A surgeon who unwittingly spread a fatal infection cannot be forced to tell future patients about his clinical history, the High Court has ruled.’

Full story

BBC News, 13th March 2014

Source: www.bbc.co.uk

Prince Charles letters: attorney general acted unlawfully, say senior judges – The Guardian

‘Three senior judges have ruled that Dominic Grieve, the attorney general, acted unlawfully when he blocked the publication of letters written by Prince Charles to government ministers. The ruling, led by Lord Dyson, the head of the civil judiciary in England and Wales, paves the way for the release of the letters which reveal how the prince lobbied government ministers to change official policies.’

Full story

The Guardian, 12th March 2014

Source: www.guardian.co.uk

APIL granted permission to challenge HMRC policy on mesothelioma victims’ work records – Litigation Futures

‘The High Court is this week hearing a judicial review that claimant lawyers hope will strike down the deeply unpopular policy of HM Revenue & Customs that means it will only release the employment history of a mesothelioma victim to their lawyer with a High Court order.’

Full story

Litigation futures, 12th March 2014

Source: www.litigationfutures.com

Reforms to help reduce reoffending come into force – Ministry of Justice

Posted March 11th, 2014 in criminal records, disclosure, employment, press releases, rehabilitation by sally

‘Reforms which will cut the amount of time some offenders need to disclose details of any low level convictions come into effect today, Justice Minister Simon Hughes.’

Full press release

Ministry of Justice, 10th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Reoffending reforms – no refinement of relevance – Halsbury’s Law Exchange

‘The Government has today announced their long-awaited reforms to disclosure of previous convictions for rehabilitated offenders.’

Full story

Halsbury’s Law Exchange, 10th March 2014

Source: www.halsburyslawexchange.co.uk

Recent Developments In Tax Planning From A European Perspective: The Impact on Off Shore Jurisdictions – Six Pump Court

Posted March 10th, 2014 in disclosure, EC law, money laundering, news, taxation, trusts by sally

‘As part of a pan European project to cut down on alleged illicit money laundering through financial institutions and legally created entities such as companies, foundations and trusts, the European Union has launched its fourth anti-money laundering Directive.’

Full story

Six Pump Court, 7th March 2014

Source: www.6pumpcourt.co.uk

Clare’s law letting women know if partner has abusive past rolled out – The Guardian

Posted March 10th, 2014 in criminal records, disclosure, domestic violence, news by sally

‘Women will be able to find out if their partners have an abusive past as the domestic violence disclosure scheme – known as Clare’s law – is rolled out across every police force across England and Wales.’

Full story

The Guardian, 8th March 2014

Source: www.guardian.co.uk

Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

Full story

Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

Fraudulent non-disclosure: the latest Chapter – Family Law Week

‘Sarah Foreman, a solicitor at Vardags, analyses the Court of Appeal judgment in Sharland v. Sharland.’

Full story

Family Law Week, 28th February 2014

Source: www.familylawweek.co.uk

FOIA disclosures: ‘motive blindness’ and risks to mental health – Panopticon

Posted February 27th, 2014 in disclosure, freedom of information, mental health, news, tribunals by sally

‘Some FOIA ‘mantras’ frustrate requesters, such as judging matters as at the time of the request/refusal, regardless of subsequent events. Others tend to frustrate public authorities, such as ‘motive blindness’. A recent Tribunal discusses and illustrates both principles – in the context of the distress (including a danger to mental health) likely to arise from disclosure.’

Full story

Panopticon, 26th February 2014

Source: www.panopticonblog.com

Prince Charles’s letters: recipients’ identities must stay secret, say lawyers – The Guardian

Posted February 27th, 2014 in appeals, confidentiality, disclosure, freedom of information, news, royal family, veto by sally

‘The identities of the ministers who received confidential letters from Prince Charles promoting his personal views must remain concealed, government lawyers argued on Wednesday.’

Full story

The Guardian, 26th February 2014

Source: www.guardian.co.uk

Grayling defends JR intervention reforms – Law Society’s Gazette

Posted February 26th, 2014 in bills, costs, disclosure, judicial review, news by sally

‘Justice secretary Chris Grayling has told MPs his plans for judicial reviews will stop pressure groups using individuals as “financial human shields” to bring cases.’

Full story

Law Society’s Gazette, 25th February 2014

Source: www.lawgazette.co.uk

Papers about Profumo scandal man ‘should be public’ – BBC News

‘A decision to keep documents relating to a man who was at the centre of the Profumo sex scandal hidden should be overturned, a leading lawyer has said. The Information Commissioner is to be asked to overrule a decision by the National Archives to keep the documents about the trial of Stephen Ward hidden.’

Full story

BBC News, 25th February 2014

Source: www.bbc.co.uk

Decision to block Prince Charles’s letters challenged – BBC News

Posted February 25th, 2014 in appeals, attorney general, disclosure, freedom of information, news, royal family, veto by sally

‘A move by the government to block the release of letters from Prince of Wales to ministers are being challenged in the Court of Appeal.’

Full story

BBC News, 24th February 2014

Source: www.bbc.co.uk

New evidence delays coroner’s ruling on death of soldier who said she was raped – The Guardian

Posted February 25th, 2014 in armed forces, disclosure, evidence, inquests, news, rape by sally

‘A coroner’s ruling into the death of a soldier who said she had been raped and bullied has been unexpectedly delayed after lawyers for the military revealed they had uncovered new documents, including a reference to a diary and mobile phones the woman’s family say were never passed to them.’

Full story

The Guardian, 24th February 2014

Source: www.guardian.co.uk

What to do if your organisation is the victim of a fraud attack – OUT-LAW.com

Posted February 21st, 2014 in banking, computer crime, disclosure, fraud, news by sally

‘The trial of five people accused of stealing millions of pounds from UK banks using computer technology to access bank accounts has emphasised how vulnerable even the biggest and most secure organisations can be to fraud.’

Full story

OUT-LAW.com, 21st February 2014

Source: www.out-law.com