“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.”
The Guardian, 30th January 2008
Source: www.guardian.co.uk
“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?”
The Independent, 30th January 2008
Source: www.independent.co.uk
“The Court of Appeal has upheld the BBC’s right not to disclose an internal report about the broadcaster’s coverage of Israel.”
The Times, 25th January 2008
Source: www.timesonline.co.uk
“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.”
OUT-LAW.com, 21st January 2008
Source: www.out-law.com
“A coroner has refused to return secret documents mistakenly handed to him by the Ministry of Defence (MoD), a pre-inquest hearing was told.”
BBC News, 14th January 2008
Source: www.bbc.co.uk
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
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)
“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.
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.
“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.”
The Guardian, 4th October 2007
Source: www.guardian.co.uk
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.
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.
“Senior judges have dealt a blow to the ancient legal principle that a person is protected from incriminating himself.”
The Times, 29th May 2007
Source: www.timesonline.co.uk
Civil search order discloses potential criminal liability
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) [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.
“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.”
Daily Telegraph, 15th May 2007
Source: www.telegraph.co.uk
“Large-scale corporate litigation usually means a blizzard of documentation. With the increasingly complex nature of globalised business, this can mean hundreds of thousands of documents and millions of pages. But fortunately – just as things seemed to be becoming unmanageable – salvation appeared in the shape of technology to enable lawyers to store, sort and select what was relevant.”
The Times, 9th May 2007
Source: www.timesonline.co.uk
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