Category: disclosure

Pfleiderer AG v Bundeskartellamt – WLR Daily

Posted June 20th, 2011 in competition, disclosure, EC law, evidence, law reports by sally

Pfleiderer AG v Bundeskartellamt (Case C-360/09); [2011] WLR (D) 196

“A person adversely affected by an infringement of European Union competition law was not precluded by the provisions of that law from being granted access to documents relating to the leniency procedure for the purposes of bringing a civil action for damages.”

WLR Daily, 14th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal court orders search of Galloway’s charity papers – The Independent

Posted May 16th, 2011 in charities, disclosure, freedom of information, Iraq, news by sally

“Civil servants have been ordered to reconsider disclosing thousands of documents relating to a fund run by former MP George Galloway during Saddam Hussein’s regime.”

Full story

The Independent, 14th May 2011

Source: www.independent.co.uk

Social networking sites consider UK court ruling – The Independent

Posted May 16th, 2011 in disclosure, foreign jurisdictions, injunctions, internet, news by sally

“Social networking sites based abroad are tonight (13 May) considering whether to comply with a British court ruling seeking to ban their members from revealing the identities of parties involved in sensitive legal proceedings in London.”

Full story

The Independent, 13th May 2011

Source: www.independent.co.uk

North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily

Posted April 20th, 2011 in civil procedure rules, disclosure, evidence, law reports, private hearings by sally

North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch); [2011] WLR (D) 138

“Para 1.5 of Practice Direction 39A supplementing CPR Pt 39 did not deem a hearing to be in private which had not been listed as a private matter. The general rule for proceedings to be held in public unless otherwise stated applied to proceedings not listed in private.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Kenyans sue UK for alleged colonial human rights abuses – The Guardian

Posted April 6th, 2011 in disclosure, government departments, human rights, Kenya, news by sally

“Highly embarrassing colonial-era files detailing the British army’s repressive tactics against Mau Mau insurgents in Kenya during the 1950s will be revealed in a landmark compensation case.”

Full story

The Guardian, 5th April 2011

Source: www.guardian.co.uk

MoD lobbied secretly to cut legal aid for cases against its treatment of detainees in Iraq and Afghanistan – The Guardian

Posted April 6th, 2011 in Afghanistan, disclosure, Iraq, legal aid, news, terrorism, torture by sally

“The Ministry of Defence lobbied behind closed doors to restrict the provision of legal aid to claimants questioning the treatment of military detainees in Iraq and Afghanistan, the high court has heard.”

Full story

The Guardian, 5th April 2011

Source: www.guardian.co.uk

The Lawyer’s great debate: e-disclosure – The Lawyer

Posted March 21st, 2011 in civil procedure rules, disclosure, electronic filing, news by sally

“One of the biggest issues in litigation management at the moment is e-disclosure.”

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The Lawyer, 21st March 2011

Source: www.thelawyer.com

Standard Life Assurance Ltd and another v Topland Col Ltd and others – WLR Daily

Posted March 21st, 2011 in confidentiality, disclosure, injunctions, law reports, Serious Fraud Office by sally

Standard Life Assurance Ltd and another v Topland Col Ltd and others [2010] EWHC 1781 (Ch); [2011] WLR (D) 92

“The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to provide them to any person other than through one of the gateways under section 3 of the Act.”

WLR Daily, judgment reissued 14th March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Tessa Jowell goes to court to find out who hacked into her phone – The Independent

Posted March 18th, 2011 in disclosure, interception, news, telecommunications by sally

“Former cabinet minister Tessa Jowell has begun legal proceedings which could see her name added to the list of public figures suing the News of the World for alleged phone hacking.”

Full story

The Independent, 18th March 2011

Source: www.independent.co.uk

North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily

Posted March 11th, 2011 in debts, disclosure, law reports, surety by sally

“A creditor was under a duty to disclose to the surety any contract or other dealing between creditor and debtor which changed the position of the debtor from that which the surety might naturally have expected, but was not under a duty to disclose to the surety other matters relating to the debtor which might be material for the surety to know.”

WLR Daily, 10th March 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

CMCS Common Market Commercial Services AVV v Taylor; Taylor v Stoutt and others – WLR Daily

Posted February 25th, 2011 in costs, disclosure, law reports, privilege, solicitors by sally

CMCS Common Market Commercial Services AVV v Taylor; Taylor v Stoutt and others [2011] EWHC 324 (Ch); [2011] WLR (D) 57

“There was no difference in principle between the ambit of a solicitor’s duty to the court in relation to the conduct and supervision of disclosure of documents and the conduct and supervision of any redaction of disclosable doccuments prior to inspection.”

WLR Daily, 24th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Phone hacking: now judge tells police to stop protecting names – The Independent

Posted February 25th, 2011 in disclosure, interception, news, police, privacy, telecommunications by sally

“The likelihood of further News of the World (NotW) journalists being dragged into the phone-hacking scandal increased yesterday when a judge ruled that names believed to belong to the paper’s employees should no longer be blanked out on key documents.”

Full story

The Independent, 25th February 2011

Source: www.independent.co.uk

Chief Constable of South Yorkshire Police v Information Commissioner – WLR Daily

Posted January 28th, 2011 in disclosure, fees, freedom of information, law reports by sally

Chief Constable of South Yorkshire Police v Information Commissioner [2011] EWHC 44 (Admin); [2011] WLR (D) 19

“In estimating whether the cost of complying with a request for information would exceed the appropriate limit for the purposes of claiming exemption from the obligation to comply in reliance on section 12 of the Freedom of Information Act 2000, a public authority was not permitted by regulation 4 of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 to take account of time which it expected to spend in redacting exempt information from relevant documents before disclosing them to the applicant.”

WLR Daily, 27th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ex-Guantánamo inmates take on MI5 and MI6 over courtoom secrecy – The Guardian

Posted January 25th, 2011 in disclosure, news, private hearings, public interest, terrorism by sally

“An attempt by MI5 and MI6 to extend courtroom secrecy has led to a legal battle at the supreme court, with lawyers representing former Guantánamo inmates and the media denouncing the proposal as ‘unconstitutional and excessive’.”

Full story

The Guardian, 24th January 2011

Source: www.guardian.co.uk

Masri v Consolidated Contractors International Co SAL and another (No 2) – WLR Daily

Posted January 24th, 2011 in affidavits, civil procedure rules, disclosure, evidence, law reports by sally

Masri v Consolidated Contractors International Co SAL and another (No 2) [2011] EWCA Civ 21; [2011] WLR (D) 11

“Save in exceptional circumstances, para 4.2 of the Practice Direction supporting CPR Pt 32 required the deponent of an affidavit to identify the source of the relevant information or belief stated in the affidavit. If the source was a person that person must, save in exceptional circumstances, be identified with sufficient certainty to enable to person against whom the affidavit was directed to investigate the information or belief in accordance with the rules of court or other relevant legal principles.”

WLR Daily, 21st Janaury 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Intelligence agencies go to supreme court over ruling on secret evidence – The Guardian

Posted January 24th, 2011 in disclosure, evidence, intelligence services, news, torture by sally

“MI5 and MI6 will argue in a test case before the supreme court tomorrow that in future no intelligence gathered abroad, even if initially obtained through torture, should ever be disclosed in a British court.”

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The Guardian, 23rd January 2011

Source: www.guardian.co.uk

Scotland Yard fights to keep phone-hacking targets a secret – The Independent

Posted January 14th, 2011 in disclosure, interception, news, police, telecommunications by sally

“The Metropolitan Police blocked legal action aimed at identifying all the alleged victims uncovered by its criminal investigation into phone hacking by the News of the World. Documents filed at the High Court in London show that Scotland Yard is resisting a claim for a judicial review of its handling of the case, on the basis that it does not have a public duty to contact everyone brought to the attention of detectives.”

Full story

The Independent, 13th January 2011

Source: www.independent.co.uk

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court – WLR Daily

Posted January 13th, 2011 in disclosure, extradition, freedom of information, law reports, media by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2010] EWHC 3376 (Admin); [2011] WLR (D) 349

“Art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms did not alter the settled law that the principle of open justice in criminal proceedings did not extend to a right for the press or the public to inspect documents or other exhibits placed before a court during such proceedings, or require the Criminal Procedure Rules 2010 to be interpreted as conferring any right of inspection of written evidence.”

WLR Daily, 12th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MI6 chief Sawers: we have nothing to do with torture and rights abuses – The Guardian

Posted October 29th, 2010 in disclosure, intelligence services, news, torture by sally

“MI6 chief Sir John Sawers says that MI6 avoids actions leading to torture – but wants courts banned from disclosing info from service or CIA.”

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The Guardian, 28th October 2010

Source: www.guardian.co.uk

Improperly obtained documents in divorce proceedings – Law Society’s Gazette

Posted October 22nd, 2010 in confidentiality, disclosure, divorce, news by sally

“In light of the Court of Appeal’s ­decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of ­improperly obtained documents.”

Full story

Law Society’s Gazette, 21st October 2010

Source: www.lawgazette.co.uk