“A woman who named a woman raped by Wales and Sheffield United footballer Ched Evans has been told to pay more than £1,600 in fines, costs and compensation.”
BBC News, 21st January 2013
Source: www.bbc.co.uk
“Bristol City Council v C and others [2012] EWHC 3748 (Fam). This was an application for a reporting restriction order arising out of care proceedings conducted before the Bristol Family Proceedings Court. The proceedings themselves were relatively straightforward but, in the course of the hearing, information came to light which gave rise to concerns of an ‘unusual nature’, which alerted the interest of the press.”
UK Human Rights Blog, 13th January 2013
Source: www.ukhumanrightsblog.com
“Jimmy Savile’s ability to commit hundreds of serious sexual offences inside public institutions, ‘hiding in plain sight’ as Friday’s police and NSPCC report on his crimes puts it, seems almost incredible. And for his victims, it is indeed credibility which is the issue at the heart of this scandal.”
BBC News, 12th January 2013
Source: www.bbc.co.uk
“Where a court had found that arrangements entered into by copyright owners with a claimant copyright owner to sue intended defendants in its own name and on behalf of the other owners for alleged breach of copyright were not champertous and that it was proportionate to make an order for disclosure to enable the other owners to have their infringement claims brought, since their interests in enforcing their copyrights outweighed the interests of intended defendants in protecting their privacy and data protection rights, there was no justification for the court to grant relief to the claimant alone and not the other owners without identifying some factor as affecting the balance of the competing interests identified.”
WLR Daily, 21st December 2012
Source: www.iclr.co.uk
“The High Court has rejected an attempt by a Pakistani man to force the UK government to reveal if it is providing intelligence for US drone strikes.”
BBC News, 21st December 2012
Source: www.bbc.co.uk
“The identity of a third party and the allegations of sexual abuse which she made in confidence against the father of a child who was the subject of contact proceedings would be disclosed in those proceedings since to do so would not violate her right to protection from inhuman or degrading treatment under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and would be a proportionate interference with her right to respect for her private life under article 8, since it was justified by the need to protect the parents’ and child’s rights to a fair trial and respect for their family life, guaranteed by articles 6 and 8 of the Convention.”
WLR Daily, 12th December 2012
Source: www.iclr.co.uk
“There have been a number of important privacy judgments in recent weeks, particularly concerning Article 8 ECHR in cases with child protection elements.”
Panopticon, 13th December 2012
“The Australian radio DJs who made the hoax call to the hospital where the Duchess of Cambridge was being treated for acute morning sickness could have committed an offence under UK law, a leading barrister has said.”
The Guardian, 10th December 2012
Source: www.guardian.co.uk
“Public authorities required to disclose ‘datasets’ in order to comply with a freedom of information (FOI) request should have to make sure the information is ‘machine readable’ and accompanied by explanatory material, the Government has proposed.”
OUT-LAW.com, 3rd December 2012
Source: www.out-law.com
“This week, the Court of Appeal heard the cases of R (T) v Chief Constable of the Greater Manchester Police and others and R (JB) v the Secretary of State for the Home Department. These are the latest in a series of cases challenging whether the criminal records checks regime is compatible with the Convention. Unlike previous cases, which have concerned the disclosure of “soft information” held on local police computer systems, these cases raise in stark terms the compatibility of s.113B(3)(a) of the Police Act 1997 with Article 8. This requires the disclosure of all convictions, cautions, warnings and reprimands on an Enhanced Criminal Records Certificate (‘ECRC’). In T’s case, his ECRC disclosed a warning he had been given for stealing a bicycle when he was 11. In JB’s case, her ECRC disclosed a caution for shoplifting given eight years before the check.”
Panopticon, 28th November 2012
Source: www.panopticonblog.com
“If through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers. Justice requires that he should co-operate in righting the wrong if he unwittingly facilitated its perpetration. This is the principle recognized by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133.”
Panopticon, 28th November 2012
Source: www.panopticonblog.com
In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343
“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”
WLR Daily, 19th November 2012
Source: www.iclr.co.uk
“The further review was established to consider the specific issue of sanctions for disclosure failure by both the prosecution and the defence; whether the sanctions available, together with judicial case management powers, are adequate to secure compliance with disclosure duties and, if not, whether there are options for strengthening those sanctions.”
Judiciary of England and Wales, 22nd November 2012
Source: www.judiciary.gov.uk
“Financial services, mobile telecoms and energy companies will be compelled by law to provide consumers with data they hold about their transactions or consumption in an ‘electronic, machine readable’ format, upon request, if they do not do so voluntarily, the Government has said.”
OUT-LAW.com, 20th November 2012
Source: www.out-law.com
“Lawyers could be disciplined for not disclosing ‘all material facts’ in legal bids to halt removal of asylum seekers, a senior judge has said.”
BBC News, 19th November 2012
Source: www.bbc.co.uk
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