Disarray as DPP contradicts new guidance on naming of suspects – The Independent

“Controversial plans to protect the identity of suspects arrested by police were in disarray last night after the Director of Public Prosecutions called for more ‘wriggle room’ to name suspects before they were charged.”

Full story

The Independent, 21st May 2013

Source: www.independent.co.uk

Workfare placements must be made public, tribunal rules – The Guardian

“The Department for Work and Pensions has lost a major court battle to keep the locations of thousands of workfare placements secret.”

Full story

The Guardian, 19th May 2013

Source: www.guardian.co.uk

Fair inquest for Litvinenko impossible, judge warns – The Independent

“Hearing in danger of collapse after British Government’s accused of evidence cover-up.”

Full story

The Independent, 17th May 2013

Source: www.independent.co.uk

Attorney General ‘wrong to overrule judges who ordered Government to publish letters Prince Charles wrote to ministers’ – The Independent

“The Attorney General Dominic Grieve got the law wrong when he overruled judges who ordered the government to publish letters Prince Charles wrote to ministers, a court heard today.”

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The Independent, 8th May 2013

Source: www.independent.co.uk

EIR: when is information ‘held’? – Panopticon

“One of the issues which commonly arises for information law practitioners is the question, which arises under both FOIA and the EIR, of whether a public authority actually holds the information which has been requested. The leading case on section 1(1) FOIA is University of Newcastle v IC & British Union for the Abolition of Vivisection [2011] UKUT 185 (AAC), [2011] 2 Info LR 54 and substantially the same approach has been adopted in, for example, Keiller v IC and University of East Anglia [2012] 1 Info LR 128 and Clyne v IC & London Borough of Lambeth [2012] 2 Info LR 24 in relation to regulation 3(2) EIR. What is required is a common-sense and non-technical approach. That, of course, is easier stated than applied.”

Full story

Panopticon, 7th May 2013

Source: www.panopticonblog.com

Jackson Masterclass: The new regime – New Law Journal

Posted May 7th, 2013 in civil procedure rules, disclosure, news, proportionality by sally

“It is understandable that so much attention has been directed at the recent costs and funding changes. However, the reach of Jackson is far greater. Any step or process has an inevitable cost attached to it and now is the time to look at how the disclosure process will change under the new regime.”

Full story

New Law Journal, 2nd May 2013

Source: www.newlawjournal.co.uk

Teachers accused: 4 recent cases – Education Law Blog

“The following 4 recent cases all share the broad theme of claims or accusations against teachers.”

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Education Law Blog, 1st May 2013

Source: www.education11kbw.com

Article 8 and enhanced criminal record certificates –

Posted May 1st, 2013 in criminal records, disclosure, human rights, news, police, teachers by sally

“There have been a number of Panopticon posts about the lawfulness of disclosures in enhanced criminal record certificates. The latest decision is that of Mr Justice Stuart-Smith in R (L) v Chief Constable of Cumbria Constabulary [2013] EWHC 869 (Admin).”

Full story

Panopticon, 30th April 2013

Source: www.panopticonblog.com

A brighter future? – New Law Journal

“As of 1 April 2013, standard disclosure is no longer the default provision in most multi-track cases. With disclosure often being the most expensive and time consuming part of the litigation process, this should be welcome news to litigants and solicitors alike. The recent decision in West African Gas Pipeline Company Limited v Willbros Global Holdings Inc. [2012] EWHC 396 (TCC) highlighted the significant issues encountered in the disclosure process, especially in high value claims involving e-disclosure. The new rules aim to tackle these problems by introducing stricter case management in the disclosure process.”

Full story

New Law Journal, 26th April 2013

Source: www.newlawjournal.co.uk

MPs’ expenses: copies of receipts are subject to FOIA – Panopticon

Posted April 30th, 2013 in disclosure, documents, expenses, freedom of information, news, parliament by sally

“Following the MPs’ expenses scandal, the then newly-founded Independent Parliamentary Standards Authority (IPSA) decided that it would not routinely publish images of the receipts submitted to IPSA by MPs in support of their expenses claims. Rather, only text transcribed from the submitted receipts was to be published.”

Full story

Panopticon, 29th April 2013

Source: www.panopticonblog.com

Chagossians: Wikileaks cables not admissible in court – UK Human Rights Blog

“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

Full story

UK Human Rights Blog, 28th April 2013

Source: www.ukhumanrightsblog.com

Justice and Security Act 2013 – legislation.gov.uk

Posted April 26th, 2013 in disclosure, intelligence services, legislation, parliament by sally

Full text of Act

Source: www.legislation.gov.uk

Victory for family denied cancer claim payout for father – The Guardian

Posted April 26th, 2013 in cancer, disclosure, financial services ombudsman, health, insurance, news by sally

“The family of a man who died of cancer but whose life insurance payout was refused on the grounds that he failed to disclose pins and needles have won their fight against Friends Life, after the financial ombudsman ruled that the insurer was wrong to cancel his policy.”

Full story

The Guardian, 26th April 2013

Source: www.guardian.co.uk

Teacher’s human rights breached by unproven allegations disclosure – Daily Telegraph

Posted April 23rd, 2013 in criminal records, disclosure, human rights, news, police, teachers, vetting by sally

“The PE teacher has not worked for more than two years because the allegation remained on his record even though police investigated and took no action.”

Full story

Daily Telegraph, 22nd April 2013

Source: www.telegraph.co.uk

Teacher wins right to have dropped allegation removed from criminal record checks – The Independent

“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

A tricky path – New Law Journal

“The conveyancing profession has always had to walk a difficult line in carrying out its day-to-day activities in property transactions. Not only are conveyancers required to be expert in all aspects of property related law, but they have a duty of care to everyone in the transaction (or so it seems). It can easily be the case that, despite a firm’s intentions to act in their client’s best interests, under outcomes-focused regulation, they can still be held liable for issues that arise. This responsibility, coupled with increasing regulation and compliance requirements, downward pressure on fees and on-going problems with access to lender panels, makes the conveyancing landscape more than a little challenging.”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Home Office faces legal action unless it reveals details of ‘Snooper’s charter’ – Daily Telegraph

“The Home Office is facing legal action unless it reveals key details of its so-called Snooper’s Charter.”

Full story

Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

A history of violence: is Clare’s Law working? – The Guardian

Posted April 22nd, 2013 in criminal records, disclosure, domestic violence, murder, news, privacy by sally

“When Clare Wood was murdered by her ex-boyfriend, a scheme was set up to allow women to see details of their partner’s violent past. Six months on, Steve Boggan finds out if ‘Clare’s Law’ is working.”

Full story

The Guardian, 21st April 2013

Source: www.guardian.co.uk

Proposed reforms undermine the Rehabilitation of Offenders Act 1974 – Halsbury’s Law Exchange

Posted April 18th, 2013 in appeals, criminal records, disclosure, news, proportionality, time limits by sally

“Imagine you are a middle-aged man with a young family looking to change career to work as a primary school teacher. When you were 12 you took a chocolate bar from a shop. You learnt a salutary lesson and never repeated this isolated error of judgment. Is it right that your prospective employer should be told this? Well, whilst the Government thought your prospective employer should be forewarned, the Court of Appeal disagreed. The Court of Appeal, in R(T) & Others v Greater Manchester was critical of the ‘blanket nature’ of the current regime deeming it disproportionate in pursuance of the legitimate aim of safeguarding children and young adults. As a result of this important case, the Government has been forced to modify the disclosure regime to avoid offending Art 8; the right to private and family life.”

Full story

Halsbury’s Law Exchange, 18th April 2013

Source: www.halsburyslawexchange.co.uk

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) – WLR Daily

Posted April 17th, 2013 in costs, disclosure, fees, law reports, personal injuries, solicitors by sally

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) [2013] EWCA Civ 278; [2013] WLR (D) 138

“The funding of a client’s disbursements by a solicitor did not, without more, justify the making of an adverse costs order against that solicitor.”

WLR Daily, 10th April 2013

Source: www.iclr.co.uk