R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) – WLR Daily

Posted September 4th, 2008 in disclosure, law reports, public interest immunity, terrorism, torture by sally

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) [2008] EWHC 2100 (Admin); [2008] WLR (D) 300

“In performing the necessary balancing exercise in relation to public interest immunity and the exercise of the court’s discretion to order disclosure, it was incumbent on the court to have regard to the absence of a relevant consideration in the PII certificate and schedule, namely, in the light of the allegations made by the claimant, the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment, an issue which the court considered was not addressed either expressly or implicitly.”

WLR Daily, 2nd September 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.

US to hand over papers supporting Binyam Mohamed’s torture claim – The Times

Posted September 1st, 2008 in disclosure, news, terrorism, torture by sally

“The United States has agreed to hand over evidence that may support a British resident’s claim that he was tortured into confessing that he was an al-Qaeda terrorist.”

Full story

The Times, 30th August 2008

Source: www.timesonline.co.uk

UK considers Guantanamo man move – BBC News

Posted August 29th, 2008 in detention, disclosure, news, torture by sally

“The government is given a further week by the High Court to consider its refusal to disclose material in case of a UK resident held in Guantanamo Bay.”

Full story

BBC News, 29th August 2008

Source: www.bbc.co.uk

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted August 29th, 2008 in disclosure, law reports, terrorism, torture by sally

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 295

“The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific to the claimant and essential to his defence to serious charges which might carry the death penalty, in confidence to lawyers representing him in proceedings at Guantanamo Bay, given that the conduct of the security service of the United Kingdom had amounted to being involved in arguable wrongdoing by facilitating interviews of the claimant by or on behalf of the United States of America while the claimant had been held unlawfully in incommunicado detention and on his case had been subject to alleged torture and cruel, inhuman or degrading treatment at the hands of the detaining authorities.”

WLR Daily, 22nd August 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.

US warning to court in alleged torture case – The Guardian

Posted August 28th, 2008 in disclosure, news, terrorism, torture by sally

“The US state department yesterday warned that disclosure of secret information in the case of a British resident said to have been tortured before he was sent to Guantánamo Bay would cause ‘serious and lasting damage’ to security relations between the countries.”

Full story

The Guardian, 28th August 2008

Source: www.guardian.co.uk

Section 57 of the Criminal Justice and Immigration Act – draft regulations – Ministry of Justice

Posted August 27th, 2008 in benefits, disclosure, legal aid, news by sally

“A consultation on draft regulations made under section 57 of the Criminal Justice and Immigration Act 2008 regarding the disclosure of information from the Department of Work and Pensions and Her Majesty’s Revenue and Customs in order to facilitate the assessment of a defendant’s financial eligibility for legal aid at the magistrates’ court.”

Full story

Ministry of Justice, 26th August 2008

Source: www.justice.gov.uk

Binyam Mohamed: Profile – The Guardian

Posted August 21st, 2008 in detention, disclosure, special report, terrorism by sally

“Binyam Mohamed, the last remaining Guantánamo Bay detainee with an automatic right to return to the UK, faces the death penalty after being charged with terrorism offences by the Pentagon.”

Full story

The Guardian, 21st August 2008

Source: www.guardian.co.uk

Guantánamo Bay detainee wins right to see ‘torture’ files – The Guardian

Posted August 21st, 2008 in detention, disclosure, news, terrorism, torture by sally

“A British resident being held in Guantánamo Bay today won his high court bid to force British security services to reveal secret information on him.”

Full story

The Guardian, 21st August 2008

Source: www.guardian.co.uk

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another – Times Law Reports

Posted August 5th, 2008 in animals, disclosure, experiments, freedom of information, law reports by sally

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another

Court of Appeal

“Information supplied by applicants for animal experiment licences was exempt from disclosure under freedom of information provisions if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence.”

The Times, 5th August 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.

UK Guantanamo man in legal battle – BBC News

Posted July 28th, 2008 in detention, disclosure, evidence, judicial review, news, torture, war crimes by sally

“A British resident held in Guantanamo Bay is to launch a court battle to make the UK government release evidence for his defence.”

Full story

BBC News, 27th July 2008

Source: www.bbc.co.uk

West London Pipeline and Storage Ltd v Total UK Ltd – WLR Daily

Posted July 24th, 2008 in disclosure, law reports, privilege by sally

West London Pipeline and Storage Ltd v Total UK Ltd [2008] EWHC 1729 (Comm); [2008] WLR (D) 248

“Guidance as to the principles applicable to determining a claim to litigation privilege.”

WLR Daily, 23rd July 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.

Madeleine McCann parents drop court fight as police agree to share records – The Guardian

Posted July 7th, 2008 in disclosure, missing persons, news, police by sally

“Madeleine McCann’s parents today withdrew their high court request for British police to release documents about the investigation into her disappearance.”

Full story

The Guardian, 7th July 2008

Source: www.guardian.co.uk

Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom) – Times Law Reports

Posted July 4th, 2008 in disclosure, EC law, law reports, opinions by sally

Turco and Kingdom of Sweden (supported by Denmark, Finland and The Netherlands) v Council of the European Union (supported by Commission of the European Communities and United Kingdom)

Court of Justice of the European Communities

“There was no principle that the Council of the European Union was entitled automatically to refuse access to opinions of its legal service relating to a legislative process.”

The Times, 4th July 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.

Kingdom of Sweden and another v Council of the European Union (Joined Cases C-39 and 52/05P) – WLR Daily

Posted July 3rd, 2008 in disclosure, EC law, law reports, opinions by sally

Kingdom of Sweden and another v Council of the European Union (Joined Cases C-39 and 52/05P); [2008] WLR (D) 215

“The Council of the European Union did not have a general entitlement to refuse all requests by members of the public for access to opinions from its legal service in the context of legislative enactment. The principle of transparency was an overriding public interest capable of prevailing over a statutory reason for refusing access to a document.”

WLR Daily, 2nd July 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.

21/7 ‘obstruction’ case dropped – BBC News

Posted June 26th, 2008 in disclosure, news, terrorism by sally

“Prosecutors have dropped charges against a man who was accused of failing to disclose information about one of the attempted 21 July bombers.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

Journalist claims victory in protection of sources ruling – OUT-LAW.com

Posted June 24th, 2008 in confidentiality, disclosure, news, police, terrorism by sally

“Police were right to ask a journalist to reveal source material for a book about terrorism but the terms of the order obtained were too wide, the High Court has ruled. Arguments on what the terms of the ‘production order’ should be will be heard this week.”

Full story

OUT-LAW.com, 23rd June 2008

Source: www.out-law.com

McCanns make High Court files bid – BBC News

Posted June 23rd, 2008 in disclosure, news, police by sally

“The parents of Madeleine McCann will ask a High Court judge to order police files on the disappearance of their daughter to be released.”

Full story

BBC News, 23rd June 2008

Source: www.bbc.co.uk

Woolworths hit with £350,000 market disclosure fine – The Times

Posted June 12th, 2008 in disclosure, financial regulation, news by sally

“Woolworths, the UK retailer, has been fined £350,000 by the Financial Services Authority (FSA) for taking too long to disclose sensitive information to the stock market.”

Full story

The Times, 12th June 2008

Source: www.timesonline.co.uk

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another – WLR Daily

Posted June 11th, 2008 in confidentiality, disclosure, law reports, legal representation by sally

Virgin Media Communications Ltd and others v British Sky Broadcasting Group plc and another [2008] EWCA Civ 612; [2008] WLR (D) 183

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer were already acting for him and he wished the lawyer to continue to act in a related matter. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

WLR Daily, 9th June 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.

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another – Times Law Reports

Posted June 11th, 2008 in confidentiality, disclosure, law reports, legal representation by sally

Virgin Media Communications Ltd and Others v British Sky Broadcasting Group plc and Another

Court of Appeal

“It was desirable that a litigant should be free to instruct the lawyer of his choice, particularly if that lawyer was already acting for the litigant who wished him to act in a related manner. It was hard to conceive of circumstances where the fact that documents had been disclosed to lawyers acting for a party in one set of proceedings would preclude those lawyers from acting in other proceedings between the same parties.”

The Times, 11th June 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.