“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.”
Daily Telegraph, 17th October 2013
Source: www.telegraph.co.uk
“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.”
UK Human Rights Blog, 16th October 2013
Source: www.ukhumanrightsblog.com
“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.”
The Lawyer, 16th October 2013
Source: www.thelawyer.com
“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.”
Zenith Chambers, 15th October 2013
Source: www.zenithchambers.co.uk
“The Government has reiterated its commitment to consult on introducing custodial sentences as a possible penalty for individuals who breach UK data protection laws.”
OUT-LAW.com, 11th October 2013
Source: www.out-law.com
“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
“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.”
Panopticon, 10th October 2013
Source: www.panopticonblog.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.”
OUT-LAW.com, 8th October 2013
Source: www.out-law.com
“The use of ‘gagging clauses’ risks stopping employees from speaking out about failures in the public sector, the National Audit Office has warned.”
BBC News, 8th October 2013
Source: www.bbc.co.uk
“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.”
Litigation Futures, 9th October 2013
Source: www.litigationfutures.com
“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.”
Daily Telegraph, 6th October 2013
Source: www.telegraph.co.uk
“The Ministry of Defence is unlawfully holding thousands of files that should have been declassified and transferred to the National Archive under the 30-year rule, including large numbers of documents about the conflict in Northern Ireland.”
The Guardian, 6th October 2013
Source: www.guardian.co.uk
“A convicted paedophile has lost a legal challenge against rules requiring him to disclose bank details to police.”
BBC News, 18th September 2013
Source: www.bbc.co.uk
“In this most recent case concerning access by private individuals to environmental information held by public authorities, the AG grasps the nettlish question of what precisely a public authority is. The issue was a subject of debate because the request for information had been addressed to private companies which manage a public service relating to the environment. The question therefore was whether, even though the companies concerned are private, they may be regarded as ‘public authorities’ for the purposes of the Directive governing access to environmental information (Directive 2003/4).”
UK Human Rights Blog, 17th September 2013
Source: www.ukhumanrightsblog.com
“A council has won an appeal over whether it was required – following an FOI request – to disclose the job titles of junior officers attending a meeting at a law firm to discuss a major outsourcing project.”
Local Government Lawyer, 13th September 2013
Source: www.localgovernmentlawyer.co.uk
“The head of the NHS has been accused of a ‘systemic cover-up’ after official figures disclosed that hospitals have spent more than £4 million on secret gagging orders.”
Daily Telegraph, 15th September 2013
Source: www.telegraph.co.uk
“A term was not to be implied into a mezzanine lending agreement that a bank, which had acted as agent for two special purpose vehicles (‘SPVs’) when they participated as junior lenders in such structured lending to a property company which subsequently collapsed, was obliged to disclose to the SPVs material financial information in its possession as to the declining health of the company.”
WLR Daily, 3rd September 2013
Source: www.iclr.co.uk
“The UK’s data protection watchdog has urged the Home Affairs Select Committee
not to follow through on its promise to publish the names of companies and
individuals that allegedly hired private investigators convicted of data
‘blagging’ offences.”
OUT-LAW.com, 9th September 2013
Source: www.out-law.com
“A senior detective who ignored the rules governing the questioning of a suspect as he tried to solve a high-profile abduction case should answer a charge of gross misconduct, the police watchdog has ruled.”
The Guardian, 9th September 2013
Source: www.guardian.co.uk
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