“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”
WLR Daily, 26th June 2012
Source: www.iclr.co.uk
“E-disclosure is the disclosure of any electronic document. Documents stored electronically are often referred to as electronically stored information or ESI.”
Full story (PDF)
Cloisters, June 2012
Source: www.cloisters.com
“In a consultation opening today, the Law Commission and Scottish Law Commission are proposing a new law to make clear what businesses must tell insurers when they buy insurance.”
Law Commission, 26th June 2012
Source: www.lawcommission.justice.gov.uk
“A high court judge will be told on Thursday that the 2011 census was unlawful because a provision in the act that governs it allows data to be passed to third parties.”
The Guardian, 21st June 2012
Source: www.guardian.co.uk
“Families bereaved by the Hillsborough tragedy have learned that they will get access to secret police and government documents within three months after a long campaign for the papers to be released.”
The Guardian, 20th June 2012
Source: www.guardian.co.uk
“Employment tribunals will be able to order companies who lose sex discrimination cases to disclose the gap in pay between their male and female employees under plans announced by the Equalities Minister.”
OUT-LAW.com, 18th June 2012
Source: www.out-law.com
“The current Government often complains about a ‘democratic deficit’ in the courts. It seems that ‘unelected judges’ are making important decisions on social policy without any kind of democratic mandate, particularly in controversial human rights cases.”
UK Human Rights Blog, 17th June 2012
Source: www.ukhumanrightsblog.com
Revenue and Customs Commissioners v Charman: [2012] EWHC 1448 (Fam); [2012] WLR (D) 165
“As a general rule documents and other evidence produced in ancillary relief proceedings were not disclosable to third parties outside the proceedings save in an exceptional case and for very good reason, unless the court gave leave. The fact that evidence might be relevant or useful was not of itself a good enough reason to undermine that rule.”
WLR Daily, 29th May 2012
Source: www.iclr.co.uk
“Statement from Alison Levitt QC, Principal Legal Advisor to the Director of Public Prosecutions:
On the 2 April 2012 the Crown Prosecution Service received a file of evidence from the Metropolitan Police Service requesting charging advice in relation to two suspects. The first is a serving Metropolitan Police Officer in the Operation Weeting team whose name is not in the public domain. He is currently suspended. The second suspect is Amelia Hill, a journalist who writes for The Guardian newspaper.”
Crown Prosecution Service, 29th May 2012
Source: www.cps.gov.uk
“The police failed to satisfy the court that their need for footage taken by TV organisations was likely to be of substantial value to criminal investigations and therefore would be a justified interference with the rights of a free press under Article 10 of the Human Rights Convention.”
UK Human Rights Blog, 24th May 2012
Source: www.ukhumanrightsblog.com
“Extracts of a phone conversation between Tony Blair and George Bush a few days before the invasion of Iraq must be disclosed, a tribunal has ruled.”
The Guardian, 21st May 2012
Source: www.guardian.co.uk
“I have previously posted on the decision leading to this successful appeal by the Planning Inspectorate, against an order that they produce their legal advice concerning a planning appeal. The decision of the First-Tier Tribunal in favour of disclosure was reversed by a strong Upper Tribunal, chaired by Carnwath LJ in his last outing before going to the Supreme Court. So the upshot is that PINS can retain whatever advice which led them to refuse this request for a public inquiry in a locally controversial case.”
UK Human Rights Blog, 22nd May 2012
Source: www.ukhumanrightsblog.com
“The collapse of a trial of three men charged with committing one of Britain’s most notorious unsolved murders has been blamed on failures by police and prosecution.”
BBC News, 21st May 2012
Source: www.bbc.co.uk
“News broadcasters have hailed the high court ruling that they should not disclose hours of footage of the Dale Farm eviction to police as a landmark victory for press freedom.”
The Guardian, 17th May 2012
Source: www.guardian.co.uk
“Media organisations have won a High Court battle over police orders to hand over film of the evictions from the traveller site at Dale Farm in Essex.”
BBC News, 17th May 2012
Source: www.bbc.co.uk
“Justice secretary Kenneth Clarke has asked two senior judges to review sanctions for disclosure failures in criminal trials, to ‘mitigate the resource burden’ imposed by disclosure.”
Law Society’s Gazette, 3rd May 2012
Source: www.lawgazette.co.uk
“A Welsh health board has become the first NHS body to be fined for breaching the Data Protection Act after it released sensitive data about a patient to the wrong person.”
BBC News, 30th April 2012
Source: www.bbc.co.uk
“The Lord Chief Justice has asked Lord Justice Gross and Mr Justice Treacy to conduct a review of sanctions for disclosure failures.”
Judiciary of England and Wales, 26th april 2012
Source: www.judiciary.gov.uk
“A radical change may be underway in the way journalists cover court cases, thanks to a court of appeal ruling earlier this month. The latest version of the Criminal Procedure Rules, which came into force last October, entitles any member of the public to apply to read or copy documents referred to in court cases. Following the appeal, in which the Guardian sought access to documents referred to in the Tesler extradition case hearing, the presumption will now be that such requests should be approved unless there is a good reason not to.”
The Guardian, 26th April 2012
Source: www.guardian.co.uk
Meister v Speech Design Carrier Systems GmbH (Case C-415/10); [2012] WLR (D) 116
“European Union law did not entitle a worker who plausibly claimed to meet the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process. Nevertheless, it could not be ruled out that a refusal to grant any access to information might be one of the factors to take into account in the context of establishing facts from which it might be presumed that there had been direct or indirect discrimination.”
WLR Daily, 19th April 2012
Source: www.iclr.co.uk
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