Attorney General probe over ‘Jon Venables picture’ published on Twitter – Daily Telegraph

Posted February 14th, 2013 in anonymity, contempt of court, disclosure, identification, internet, news by sally

“A photograph posted on Twitter that may have exposed the new identity of James Bulger’s killer Jon Venables was on Wednesday night being investigated by the Attorney General’s office as a possible contempt of court.”

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Daily Telegraph, 13th February 2013

Source: www.telegraph.co.uk

Saudi princes warn of damage to UK relations if allegations emerge in trial – The Guardian

Posted February 14th, 2013 in appeals, disclosure, immunity, news, royal family, shareholders by sally

“Relations between the UK and Saudi Arabia will suffer if what are said to be highly damaging allegations about business deals surface during a London trial, lawyers for two Saudi princes have warned the high court.”

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The Guardian, 13th February 2013

Source: www.guardian.co.uk

Does VTB v Nutritek foreshadow the Supreme Court’s approach to the Petrodel appeal on piercing the corporate veil? – Family Law week

“Emily Marshall, family law professional support lawyer at Irwin Mitchell considers the possible implications of the Supreme Court’s decision in a commercial case on the forthcoming appeal in the Petrodel appeal, to be heard in March.”

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Family Law Week, 11th February 2013

Source: www.familylawweek.co.uk

Video journalist fights court application over EDL footage – The Guardian

Posted February 11th, 2013 in disclosure, evidence, media, news, police, video recordings by sally

“A video journalist is fighting a court application by police to force him to hand over footage he shot of the English Defence League.”

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The Guardian, 11th February 2013

Source: www.guardian.co.uk

LSC drops legal aid contract changes – Law Society’s Gazette

Posted February 11th, 2013 in contracts, disclosure, Law Society, legal aid, news, prosecutions by sally

“The Legal Services Commission has agreed to drop controversial changes to ongoing legal aid contracts following talks with the Law Society.”

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Law Society’s Gazette, 11th February 2013

Source: www.lawgazette.co.uk

Blanket disclosure requirement for minor past convictions breaches Convention – UK Human Rights Blog

Posted January 31st, 2013 in appeals, cautions, disclosure, human rights, news, privacy, vetting by sally

“The Court of Appeal has ruled that the statutory requirement that criminal convictions and cautions must be disclosed in an enhanced criminal record check (‘ECRC’) in the context of particular types of employment interfered with the appellants’ right to respect for private life under Article 8.”

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UK Human Rights Blog, 30th January 2013

Source: www.ukhumanrightsblog.com

UK criminal record disclosure laws deemed to infringe individuals’ privacy rights – OUT-LAW.com

Posted January 31st, 2013 in cautions, criminal records, disclosure, human rights, news, privacy, vetting by sally

“UK laws that set out a ‘blanket’ requirement that job applicants disclose to employers all of the ‘recordable’ criminal convictions and police warnings they have been given are incompatible with individuals’ right to privacy, the Court of Appeal has ruled.”

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OUT-LAW.com, 31st January 2013

Source: www.out-law.com

Court of Appeal Declares Criminal Records Regime Incompatible with Article 8 – Panopticon

Posted January 30th, 2013 in cautions, criminal records, disclosure, human rights, news, privacy, proportionality by sally

“The Court of Appeal has today [29 January] handed down an important judgment in R (T & others) v Chief Constable of Greater Manchester & others [2013] EWCA Civ 25. The case concerned the blanket requirement in the Rehabilitation of Offenders Act 1974, section 113B of the Police Act 1997 and articles 3 and 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 that criminal convictions and cautions must be disclosed in an enhanced criminal record check (‘ECRC’) in the context of particular types of employment (such as with children or vulnerable adults), even if those convictions or cautions would otherwise be deemed spent by the 1974 Act.”

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Panopticon, 29th January 2013

Source: www.panopticonblog.com

Children: Public Law Update – Family Law Week

Posted January 22nd, 2013 in care orders, child abuse, children, disclosure, jurisdiction, news by sally

“John Tughan, barrister, 4 Paper Buildings, considers some recent important public law decisions of the Supreme Court, Court of Appeal and High Court relating to children.”

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Family Law Week, 21st January 2013

Source: www.familylawweek.com

Forces to publish details of misconduct cases – Daily Telegraph

“Two forces will publish details about officers who have been sacked or who have resigned while facing disciplinary proceedings in the first move of its kind in Britain.”

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Daily Telegraph, 21st January 2013

Source: www.telegraph.co.uk

Ched Evans rape case: Tenth person fined for naming victim – BBC News

Posted January 21st, 2013 in anonymity, compensation, costs, disclosure, fines, news, rape, sentencing, victims by sally

“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.”

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BBC News, 21st January 2013

Source: www.bbc.co.uk

‘The Right to Resist: Privilege for Employment Lawyers’ – 11 KBW

Posted January 21st, 2013 in barristers, confidentiality, disclosure, employment, news, privilege by sally

“There are may aspects to the law of privilege, but what they have in common is a right to resist the compulsory disclosure of information. The law of privilege is, at least in part, a manifestation of the law of confidentiality. However, the underlying principle is one of public policy: where privilege applies, the law treats the benefits of full and transparent disclosure of information in the context of litigation as being outweighed by the benefits of giving litigants the right to keep information private.”

Full story (PDF)

11 KBW, 18th January 2013

Source: www.11kbw.com

Secret papers show extent of senior royals’ veto over bills – The Guardian

“The extent of the Queen and Prince Charles’s secretive power of veto over new laws has been exposed after Downing Street lost its battle to keep information about its application secret.”

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The Guardian, 14th January 2013

Source: www.guardian.co.uk

Identity of social workers may be published following fostering bungle – UK Human Rights Blog

“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.”

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UK Human Rights Blog, 13th January 2013

Source: www.ukhumanrightsblog.com

Jimmy Savile scandal: How will it affect future abuse cases?- BBC News

“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.”

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BBC News, 12th January 2013

Source: www.bbc.co.uk

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) – WLR Daily

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) [2012] EWCA Civ 1740; [2012] WLR (D) 396

“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

High Court blocks US drone intelligence case – BBC News

Posted December 21st, 2012 in disclosure, intelligence services, news, weapons by sally

“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.”

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BBC News, 21st December 2012

Source: www.bbc.co.uk

Barrister snub to diversity monitoring “embarrassing” and “pathetic” – Legal Futures

Posted December 17th, 2012 in barristers, disclosure, diversity, news, statistics by sally

“Only a handful of the 15,000-plus members of the Bar have disclosed information such as whether they went to public or state schools, in a snub to the chairs of the Bar and the Bar Standards Board (BSB) who had personally requested it.”

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Legal Futures, 17th December 2012

Source: www.legalfutures.co.uk

In re A (A Child) (Family Proceedings: Disclosure of Information) – WLR Daily

In re A (A Child) (Family Proceedings: Disclosure of Information): [2012] UKSC 60; [2012] WLR (D) 378

“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

Supreme Court: Articles 3, 6 and 8 ECHR in child protection PII case – Panopticon

“There have been a number of important privacy judgments in recent weeks, particularly concerning Article 8 ECHR in cases with child protection elements.”

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Panopticon, 13th December 2012

www.panopticonblog.com