Category: disclosure

Warner v Verfides (a Firm)

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

Warner v Verfides (a Firm) – Times Law Reports

Posted November 6th, 2008 in costs, disclosure, insolvency, law reports, privacy by sally

Chancery Division

“Documents created by one party and sent to another did not necessarily cease to be correspondence, to which the privacy provisions of article 8 of the European Convention on Human Rights could apply, when they were received by the latter.”

The Times, 6th November 2008

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

McDonald v HM Advocate – Times Law Reports

Posted November 5th, 2008 in devolution issues, disclosure, law reports, Privy Council, Scotland by sally

McDonald v HM Advocate

Privy Council

“The refusal by the High Court of Justiciary in Scotland to receive a devolution minute was the determination of an issue sufficient to give jurisdiction to the Judicial Committee of the Privy Council to hear an appeal.”

The Times, 5th November 2008

Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338

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

Warner v Verfides (Hafner and another intervening) – WLR Daily

Posted November 3rd, 2008 in disclosure, human rights, insolvency, law reports by sally

“There was no reason why documents created by one party and sent to another should cease to be “correspondence” on their receipt by the latter. In the case of business correspondence, it could still engage the right to respect for private life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 31st October 2008

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE

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

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE – Times Law Reports

Posted October 29th, 2008 in control orders, disclosure, human rights, law reports, terrorism by sally

Court of Appeal

“While as much information as possible, without imperilling national security, should be disclosed to a person subject to a control order, it was arguable that there was no irreducible minimum the nondisclosure of which would automatically make a trial unfair.”

The Times, 29th October 2008

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) [2008] EWHC 2519 (Admin); [2008] WLR (D) 323

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

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) – WLR Daily

Posted October 24th, 2008 in disclosure, human rights, law reports, terrorism by sally

“In the light of the stance taken by the US government that it would reconsider the intelligence relationship between the United States and the United Kingdom if the court were to make the order sought by the claimant, the appropriate course was to stay proceedings until after the outcome of the forthcoming hearing in the US Federal District Court, in the hope that a means would be found under the United States’ own judicial procedures of securing disclosure of the potentially exculpatory documents to the claimant’s US lawyers and thereby bringing the matter to an early and just resolution.”

WLR Daily, 23rd October 2008

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

Court attacks US refusal to disclose torture evidence – The Guardian

Posted October 23rd, 2008 in disclosure, evidence, news, torture by sally

“The high court yesterday condemned as ‘deeply disturbing’ a refusal by the US to disclose evidence that could prove a British resident held at Guantánamo Bay was tortured before confessing to terrorism offences.”

The Guardian, 23rd October 2008

Source: www.guardian.co.uk

Iraq dossier memos ‘must be released’ – Daily Telegraph

Posted September 4th, 2008 in disclosure, freedom of information, Iran, news, war by sally

“Memos and emails showing how the Government’s Iraq war dossier was ‘sexed up’ must be released, the information commissioner has ordered.”

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

Daily Telegraph, 4th September 2008

Source: www.telegraph.co.uk

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

“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

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.”

The Times, 30th August 2008

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.”

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

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

“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

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.”

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.”

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.”

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.”

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

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

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

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.”

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

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

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

WLR Daily, 23rd July 2008

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.”