David Miliband claims of US threat over torture case ‘slippery’, court told – The Guardian

Posted April 23rd, 2009 in disclosure, intelligence services, news, torture by sally

“David Miliband, the foreign secretary, was accused yesterday of seriously misleading high court judges by claiming that the United States would stop sharing crucial intelligence with Britain if they agreed to disclose CIA documents showing how a UK resident was tortured.”

Full story

The Guardian, 23rd April 2009

Source: www.guardian.co.uk

Binyam Mohamed challenges secret evidence ruling – The Times

Posted April 23rd, 2009 in disclosure, evidence, intelligence services, news, torture by sally

“This week lawyers for Binyam Mohamed, the former Guantánamo detainee, return to court to challenge the ruling that he cannot see secret evidence that, he maintains, is central to his claim to have been subject to torture with the consent of the UK intelligence authorities.”

Full story

The Times, 22nd April 2009

Source: www.timesonline.co.uk

Binyam Mohamed: MI5 officer gave false evidence in Guantánamo detainee case – The Guardian

Posted April 21st, 2009 in disclosure, evidence, intelligence services, news by sally

“Lawyers for the government have admitted that a senior MI5 officer gave false evidence to the high court in the case of former Guantánamo Bay prisoner Binyam Mohamed.”

Full story

The Guardian, 21st April 2009

Source: www.guardian.co.uk

Regina (A) v Director of Establishments of the Security Service – Times Law Reports

Regina (A) v Director of Establishments of the Security Service

Court of Appeal

“The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal.”

The Times, 6th April 2009

Source: www.timesonline.co.uk

EDO Corpn v Ultra Electronics Ltd – WLR Daily

Posted April 2nd, 2009 in arbitration, disclosure, law reports, pre-action conduct by sally

EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114

The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be determined by arbitration.”

WLR Daily, 1st April 2009

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.

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) – WLR Daily

Posted March 26th, 2009 in disclosure, judgments, judicial review, law reports, terrorism, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (No 5) [2009] EWHC 571 (Admin); [2009] WLR (D) 110

“Consistent with the interests of open justice and the rule of law, an annex to an earlier judgment of the court, integral to that judgment but previously withheld so as not to prejudice confidential plea bargain negotiations in the United States involving the claimant, should be made public in accordance with the undertaking of the court at the time of that judgment.”

WLR Daily, 25th March 2009

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.

High court to deliver ruling on bank’s gag on tax documents – The Guardian

Posted March 19th, 2009 in banking, confidentiality, disclosure, injunctions, news, tax avoidance by sally

“A high court judge is due to rule today on Barclays’ attempt to ban the Guardian from publishing whistleblower documents about the bank’s tax avoidance schemes.”

Full story

The Guardian, 19th March 2009

Source: www.guardian.co.uk

CPS confirms Gilfoyle notes were kept from defence – The Times

Posted February 27th, 2009 in Crown Prosecution Service, disclosure, evidence, murder, news by sally

“The Crown Prosecution Service (CPS) today confirmed that notes showing Eddie Gilfoyle’s wife died at home when her husband was at his workplace were kept from the defence at the time of his trial.”

Full story 

The Times, 27th February 2009

Source: www.timesonline.co.uk

Release Binyam torture data – MP – BBC News

Posted February 24th, 2009 in disclosure, news, terrorism, torture by sally

“The US government should urgently release details about the treatment of a British resident who alleges he was tortured, a senior Labour MP has said.”

Full story

BBC News, 24th February 2009

Source: www.bbc.co.uk

R (A) v Director of Establishments of the Security Service – WLR Daily

R (A) v Director of Establishments of the Security Service [2009] EWCA Civ 24; [2009] WLR (D) 63

The Administrative Court did not have jurisdiction to entertain a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights where the matters brought up were within the purview of the Investigatory Powers Tribunal.”

WLR Daily, 19th February 2009

Source: www.lawreports.co.uk

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

Miliband faces new ‘torture cover-up’ storm – The Guardian

Posted February 16th, 2009 in disclosure, evidence, news, terrorism, torture by sally

“David Miliband, the foreign secretary, was last night facing fresh pressure over torture allegations after it was revealed that his officials asked the US for help in suppressing crucial evidence.”

Full story

The Guardian, 16th February 2009

Source: www.guardian.co.uk

Foreign Office link to torture cover-up – The Guardian

Posted February 16th, 2009 in disclosure, evidence, news, terrorism, torture by sally

“The Foreign Office (FCO) solicited the letter from the US State Department that forced British judges to block the disclosure of CIA files documenting the torture of a British resident held in Guantánamo Bay, the Observer can reveal.”

Full story

The Guardian, 15th February 2009

Source: www.guardian.co.uk

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

Posted February 13th, 2009 in disclosure, legal aid, press releases 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 press release 

Ministry of Justice, 12th February 2009

Source: www.justice.gov.uk

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) – WLR Daily

Posted February 6th, 2009 in disclosure, judgments, law reports, public interest, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36

“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

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

Miliband defends ‘torture’ row documents gag – The Independent

Posted February 5th, 2009 in disclosure, intelligence services, news, torture by sally

“Foreign Secretary David Miliband today defended the non-disclosure of US intelligence after a furious row erupted between the British courts and the American administration over the Binyam Mohamed case.”

Full story

The Independent, 5th February 2009

Source: www.independent.co.uk

David Miliband to make statement on Binyam Mohamed ‘torture cover up’ – The Times

Posted February 5th, 2009 in disclosure, intelligence services, news, terrorism, torture by sally

“David Miliband will make a statement to the House of Commons today on the alleged cover-up of the torture of Binyam Mohamed, a former British resident being held at Guantanamo Bay.”

Full story

The Times, 5th February 2009

Source: www.timesonline.co.uk

UK judges accuse Obama Administration of suppressing torture claim – The Times

Posted February 5th, 2009 in disclosure, intelligence services, news, torture by sally

“The US has threatened to withhold intelligence from the UK if evidence of the alleged torture of a British resident held at Guantánamo Bay is made public. ”

Full story

The Times, 5th February 2009

Source: www.timesonline.co.uk

US threats mean evidence of British resident’s Guantánamo torture must stay secret, judges rule – The Guardian

Posted February 5th, 2009 in disclosure, intelligence services, news, torture by sally

“Evidence of how a British resident held in the Guantánamo Bay detention camp was tortured, and what MI5 knew about it, must remain secret because of serious threats the US has made against the UK, the high court ruled today (4 February).”

Full story

The Guardian, 4th February 2009

Source: www.guardian.co.uk

Attorney urged to hand over torture evidence – The Guardian

Posted December 5th, 2008 in attorney general, disclosure, intelligence services, news, torture by sally

“The attorney general, Lady Scotland, must hand over to the director of public prosecutions detailed allegations of criminal wrongdoing by MI5 and the CIA concerning the treatment of a British resident held at Guantánamo Bay, his lawyer said yesterday. The demand comes in a 26-page letter, seen by the Guardian, sent to the attorney by Clive Stafford Smith, director of the legal charity Reprieve and the lawyer representing Binyam Mohamed.”

Full story

The Guardian, 5th December 2008

Source: www.guardian.co.uk

Telco faces £2m e-disclosure bill after failing to agree search words – OUT-LAW.com

Posted November 11th, 2008 in disclosure, news by sally

“A company’s £2 million trawl through documents for a court case will have to be redone because lawyers had not agreed the terms of the search, the High Court has said. The ruling could change the way companies conduct disclosure, said one expert.”

Full story

OUT-LAW.com, 11th November 2008

Source: www.out-law.com