NHS data loss scandal has prompted five inquiries, ministers say – The Guardian

Posted March 14th, 2017 in data protection, disclosure, documents, health, inquiries, news by tracey

‘The NHS’s loss of more than half a million pieces of confidential medical correspondence is so serious that it has triggered five separate investigations, ministers have admitted.’

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The Guardian, 13th March 2017

Source: www.guardian.co.uk

Civil procedure: discontinuing an arbitration claim – Law Society’s Gazette

‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’

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Law Society’s Gazette, 13th March 2017

Source: www.lawgazette.co.uk

Miners’ strike policing inquiry ‘would have been witch hunt’ – BBC News

Posted March 9th, 2017 in disclosure, documents, industrial action, inquiries, miners, news, police by sally

‘The Thatcher government feared a “witch hunt” if a public inquiry were held into policing of the 1984-5 miners’ strike, declassified files show.’

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BBC News, 9th March 2017

Source: www.bbc.co.uk

Yet another subject access judgment… – Panopticon

Posted March 8th, 2017 in appeals, costs, data protection, disclosure, documents, judgments, news, reasons, universities by tracey

‘So, as the saying goes, you wait months for a subject access judgment, and then three come along at once.’

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Panopticon, 6th march 2017

Source: www.panopticonblog.com

Section 32 DPA: Resistance not Futile – Panopticon

‘We have banged the drum on Panopticon to almost Phil Collins-like levels on theme of the growing utility of the Data Protection Act to media lawyers, but it would be foolish to pretend it can always produce an answer from nowhere in a traditional journalism context. The judgment in ZXC v Bloomberg LP [2017] EWHC 328 (QB) reminds us of that.’

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Panopticon, 6th March 2017

Source: www.panopticonblog.com

Lawyer criticises child abuse inquiry for not safeguarding evidence – The Guardian

‘The national child abuse inquiry has been criticised by a prominent lawyer representing victims for failing to seize potentially vital caches of evidence before they are destroyed.’

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The Guardian, 2nd March 2017

Source: www.guardian.co.uk

GPs urgently examine 173 cases of patients who may have been harmed after massive NHS data loss – The Independent

Posted February 28th, 2017 in data protection, doctors, documents, health, news by tracey

‘The cases of 173 patients are being urgently examined to see if they have suffered harm after the loss of 500,000 pieces of NHS data, MPs have been told.’

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The Independent, 27th February 2017

Source: www.independent.co.uk

Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

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Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

NHS misplaced half a million patient documents – BBC News

Posted February 27th, 2017 in contracting out, documents, health, medical records, news, postal service by tracey

‘Thousands of NHS patients may have come to harm because of an administrative mix-up, says NHS England. Some 500,000 documents containing medical information, including cancer test results, were mistakenly put in storage rather than being sent to the GP or filed in the patients’ records.’

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BBC News, 27th February 2017

Source: www.bbc.co.uk

Legal records at risk – Counsel

Posted February 22nd, 2017 in archives, barristers, confidentiality, documents, legal history, legal profession, news by sally

‘The Bar is in danger of losing its distinct legal heritage, warns Clare Cowling – who outlines the considerable research value to be found in chambers records’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

Confidentiality, Costs and Mediation – Garden Court Chambers

‘That mediation proceedings are confidential is taken as axiomatic. What is said and done in the course of a mediation remains there. The same goes for documents of whatever kind, and their contents, created for the purposes of the mediation. In the above case Master Howarth appears to have qualified these propositions to some extent.’

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Garden Court Chambers, 31st January 2017

Source: www.gardencourtmediation.co.uk

Court of Appeal: law firms must comply with data requests even if purpose is to aid litigation – Legal Futures

Posted February 22nd, 2017 in appeals, data protection, disclosure, documents, news, privilege by sally

‘Law firms must comply with data requests even if the purpose for seeking the documents is “assisting in litigation”, the Court of Appeal has ruled.’

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Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

Brexit briefing: Securing EEA Nationals’ Residence Rights – Free Movement

Posted February 22nd, 2017 in advocacy, citizenship, documents, EC law, government departments, immigration, news by sally

‘The rights of EEA nationals (plus Swiss) to reside in the UK are primarily addressed in the Citizens Directive (Directive 2004/38/EC) which is implemented in the United Kingdom in the Immigration (European Economic Area) Regulations 2016.’

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Free Movement, 21st February 2017

Source: www.freemovement.org.uk

Family judge condemns 2,000-page bundle – Law Society’s Gazette

‘A family judge has expressed his disapproval at the ‘unwarranted expenditure’ in a case where a local authority breached Article 8 rights under the European Convention on Human Rights by taking an infant into care.’

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Law Society’s Gazette, 17th February 2017

Source: www.lawgazette.co.uk

EU citizens living in the UK could face legal limbo after Brexit – The Guardian

Posted February 20th, 2017 in diplomats, documents, EC law, identification, immigration, news, treaties by sally

‘The EU fears millions of its nationals living in the UK will be left stranded in a legal no man’s land after the country leaves the EU because of the weaknesses of the British immigration system, a document obtained by the Observer reveals.’

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The Guardian, 18th February 2017

Source: www.guardian.co.uk

Court of Appeal issues new-style short judgment – Local Government Lawyer

Posted February 20th, 2017 in appeals, courts, documents, judgments, news by sally

‘The Court of Appeal has issued a new-style ‘short judgment’ in an immigration case, avoiding the lengthy documents normally issued by courts.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

The Electronic Divorce Filing Pilot: An opportunity missed or a new horizon opening up? – Family Law Week

‘Stuart Clark, Associate, and David Hodson, Partner, both of The International Family Law Group LLP, describe what is known, and ask some questions, of the MoJ’s latest initiative to facilitate an online divorce system.’

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Family Law Week, 7th February 2017

Source: www.familylawweek.co.uk

Destruction of court records ‘hampers miscarriage of justice inquiries’ – The Guardian

Posted January 31st, 2017 in courts, documents, inquiries, miscarriage of justice, news by sally

‘Investigations into miscarriages of justice are being hampered by premature destruction of court records, according to a campaign aimed at improving transparency in the criminal justice system.’

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The Guardian, 31st January 2017

Source: www.guardian.co.uk

Secret files on battle of Orgreave could be published within weeks – The Guardian

Posted January 30th, 2017 in archives, documents, industrial action, news, select committees by sally

‘Home Office files that have been classified for more than 30 years and could help unlock the truth about the battle of Orgreave could be published within weeks, the government has revealed.’

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The Guardian, 27th January 2017

Source: www.guardian.co.uk

Jehovah’s Witnesses charity drops attempts to block abuse inquiry – The Guardian

‘he UK’s main Jehovah’s Witnesses charity has dropped efforts to block an investigation into how it handled allegations of sexual abuse, including of children, after a legal fight lasting more than two years.’

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The Guardian, 2r3d January 2017

Source: www.guardian.co.uk