Miliband blocks release of key Lockerbie files – The Guardian

Posted February 21st, 2008 in disclosure, murder, news, public interest immunity by sally

“The foreign secretary has been accused of interfering in the appeal of the man jailed for the Lockerbie bombing, after he refused to release secret papers which could clear the Libyan.”

Full story

The Guardian, 21st February 2008

Source: www.guardian.co.uk

Secret lobbying by BAE may be disclosed at judicial review – The Guardian

Posted February 14th, 2008 in airlines, bribery, disclosure, news by sally

“Documents revealing secret lobbying by the arms giant BAE are expected to be disclosed today by court order.”

Full story

The Guardian, 14th February 2008

Source: www.guardian.co.uk

Expandable Ltd and others v Rubin – WLR Daily

Posted February 13th, 2008 in disclosure, law reports, privilege by sally

Expandable Ltd and others v Rubin [2008] EWCA Civ 59; [2008] WLR (D) 42

“The words ‘he wrote to me … drawing my attention to discrepancies’ in a witness statement were sufficient to amount to mention of a document for the purposes of CPR r 31.14(1), but such mere mention did not constitute an automatic waiver of the legal professional privilege attaching to the document, so as to entitle a party to inspect it pursuant to the rule.”

WLR Daily, 12th February 2008

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.

Martin v Triggs Turner Barton (a Firm) and Others – Times Law Reports

Posted February 5th, 2008 in civil procedure rules, disclosure, law reports by sally

Martin v Triggs Turner Barton (a Firm) and Others

“The court was entitled to make an order to ensure that specific disclosure was carried out properly.”

The Times, 5th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

MPs’ anger over withheld spy documents – The Guardian

Posted January 30th, 2008 in disclosure, intelligence services, news by sally

“Gordon Brown’s promise to strengthen oversight of the security and intelligence agencies was made ‘untenable’ by the government’s refusal to disclose information about the past activities of Britain’s spies, a cross-party group of senior parliamentarians said yesterday.”

Full story

The Guardian, 30th January 2008

Source: www.guardian.co.uk

Legal Opinion: Police face legal challenge over criminal records checks – The Independent

Posted January 30th, 2008 in criminal records, disclosure, special report by sally

“If you have done nothing wrong, then you have nothing to fear. But, asks Robert Verkaik, Law Editor, what if the police could disclose unproven allegations to your employer?”

Full story

The Independent, 30th January 2008

Source: www.independent.co.uk

Court backs BBC over Israel report – The Times

Posted January 26th, 2008 in disclosure, Israel, media, news by sally

“The Court of Appeal has upheld the BBC’s right not to disclose an internal report about the broadcaster’s coverage of Israel.”

Full story

The Times, 25th January 2008

Source: www.timesonline.co.uk

3 fails in court bid to uncover evidence of alleged collusion – OUT-LAW.com

Posted January 22nd, 2008 in competition, disclosure, news, telecommunications by sally

“Mobile phone network 3 has been refused permission to force its rivals to disclose emails and documents in a process that would have cost each of them £200,000. The High Court ruled that 3’s requests were not specific enough.”

Full story

OUT-LAW.com, 21st January 2008

Source: www.out-law.com

Coroner refuses MoD papers plea – BBC News

Posted January 15th, 2008 in armed forces, disclosure, inquests, news by sally

“A coroner has refused to return secret documents mistakenly handed to him by the Ministry of Defence (MoD), a pre-inquest hearing was told.”

Full story

BBC News, 14th January 2008

Source: www.bbc.co.uk

Kingdom of Sweden v Commission of the European Communities Case – Times Law Reports

Posted January 11th, 2008 in disclosure, EC law, law reports by sally

Kingdom of Sweden v Commission of the European Communities Case C-64/05P

Court of Justice of the European Communities

“A request by an EU member state to a Community institution not to disclose to a third party documents originating from that state and held by the institution was to be regarded not as instruction with which the institution was bound to comply but as the first step in a process of inquiry as to whether one of the exceptions to disclosure set out in the Community regulation on access to documents applied.”

The Times, 11th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Kensington International Ltd v Republic of Congo and Others – Times Law Reports

Posted November 30th, 2007 in disclosure, fraud, law reports, self-incrimination by sally

Kensington International Ltd v Republic of Congo and Others

Court of Appeal

“The defence of self-incrimination was not available against an order requiring disclosure of documents concerning alleged payment of bribes.”

The Times, 30th November 2007

Source: www.timesonline.co.uk

Please note: the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Kensington International Ltd v Republic of Congo (Vitol Services Ltd and others, third parties) – WLR Daily

Posted November 9th, 2007 in disclosure, fraud, law reports, self-incrimination by sally

Kensington International Ltd v. Republic of Congo (Vitol Services Ltd and others, third parties)

“On the proper construction of s 13 of the Fraud Act 2006, proceedings for the recovery of a debt were ‘ proceedings relating to property’ within the meaning of s 13(3) and bribery, whose essential feature was deception, was an offence involving ‘fraudulent conduct or purpose’ within the meaning of s 13(4) (b).”

WLR Daily, 8th November 2007

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.

SES Contracting Ltd and Another v UK Coal plc and Others – Times Law Reports

Posted October 16th, 2007 in costs, disclosure, law reports by sally

Paying other party’s costs

SES Contracting Ltd and Another v UK Coal plc and Others

Court of Appeal

“On an application for disclosure before commencement of proceedings a respondent was ordinarily awarded his costs. A costs order requiring him to pay all the applicant’s costs could be made only where it was clearly unreasonable to oppose the application or where the manner of opposition was so unreasonable as to make it appropriate to bear all of both parties’ costs.”

The Times, 16th October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Court tells MoD to yield papers on Iraqi’s death – The Guardian

Posted October 4th, 2007 in armed forces, disclosure, Iraq, news, torture by sally

“The high court yesterday ordered the Ministry of Defence to disclose to lawyers key documents about the circumstances surrounding the death of Baha Mousa, an Iraqi who died in British custody in Basra four years ago. The move came after the lawyers for Mr Mousa’s family and the families of 10 other Iraqis detained by British soldiers accused the MoD of ‘obfuscation and delay’ in providing vital information.”

Full story

The Guardian, 4th October 2007

Source: www.guardian.co.uk

In re Times Newspapers Ltd and others [2007] EWCA Crim 1925 – WLR Daily

Posted July 31st, 2007 in contempt of court, disclosure, law reports, official secrets act by michael

In re Times Newspapers Ltd and others [2007] EWCA Crim 1925

A judge in a criminal trial had power to prevent publication of a question and answer exchange which took place in open court but which should have taken place in camera. Publication of speculation as to the content of evidence that was given in camera could constitute a contempt of court.”

WLR Daily, 30th July 2007

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.

In re Times Newspapers Ltd and Others – Times Law Reports

Posted July 31st, 2007 in contempt of court, disclosure, law reports, official secrets act by sally

Contempt warning about speculation in press

In re Times Newspapers Ltd and Others 

Court of Appeal

“A judge in a criminal trial could prohibit the publication of a question-and answer-exchange that took place in open court when it should have occurred in camera. The publication of speculation as to the content of evidence that was given in camera could amount to a contempt of court.”

The Times, 31st July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Judges’ ruling challenges a traditional right – The Times

Posted May 29th, 2007 in disclosure, news, self-incrimination by sally

“Senior judges have dealt a blow to the ancient legal principle that a person is protected from incriminating himself.”

Full story

The Times, 29th May 2007

Source: www.timesonline.co.uk

C plc and Another v. P – Times Law Reports

Posted May 29th, 2007 in disclosure, law reports, self-incrimination by sally

Civil search order discloses potential criminal liability

C plc and Another v. P

Court of Appeal

“Where the execution of a civil search order led to the discovery of obscene images of children, the common law privilege against self-incrimination did not prevent the court from directing that the material be passed to the police.”

The Times, 29th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

C plc and another v. P (Attorney General intervening) – WLR Daily

Posted May 23rd, 2007 in disclosure, law reports, self-incrimination by sally

C plc and another v. P (Attorney General intervening) [2007] EWCA Civ 493 

The common law privilege against self-incrimination could not be invoked in relation to illegal material found on a computer in the execution of a civil search order.”

WLR Daily, 22nd May 2007

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.

Documents about Diana’s death ‘being withheld’ – Daily Telegraph

Posted May 15th, 2007 in disclosure, inquests, news by sally

“Lawyers for Mohamed Fayed, the owner of Harrods, will today claim they are being denied access to crucial documents relating to the inquests into the deaths of Diana, Princess of Wales and Dodi Fayed.”

Full story

Daily Telegraph, 15th May 2007

Source: www.telegraph.co.uk