Strack v European Commission – WLR Daily

Posted October 7th, 2014 in documents, EC law, freedom of information, law reports, proportionality by sally

Strack v European Commission (Case C‑127/13 P) ECLI:EU:C:2014:2250; [2014] WLR (D) 40

‘An institution of the European Union could, in exceptional circumstances, refuse access to certain documents on the ground that the workload relating to their disclosure would be disproportionate as compared to the objectives set by the application for access to those documents. However, reliance on the principle of proportionality could not allow the time-limits laid down by Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L145, p 43) to be changed without creating a situation of legal uncertainty.’

WLR Daily, 2nd October 2014

Source: www.iclr.co.uk

High Court attacks “unreasonable and opportunistic” defendants in relief from sanctions ruling – Litigation Futures

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, fees, news, solicitors by sally

‘The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.’

Full story

Litigation Futures, 6th October 2014

Source: www.litigationfutures.com

Relief from sanctions- Some further guidance – Zenith PI Blog

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, news by sally

‘How should we approach applications for relief from sanctions made by the other side? Elliot Kay considers a recent and useful decision of the High Court.’

Full story

Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

Missing people law changes – Ministry of Justice

‘Families of missing people will have new rights following law changes taking effect from today, 1 October 2014.’

Full press release

Ministry of Justice, 1st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Advertising watchdog bans three ‘copycats’ of government websites – The Guardian

Posted September 17th, 2014 in advertising, birth certificates, documents, internet, news, passports, visas by tracey

‘The advertising watchdog has banned three “copycat” websites masquerading as government channels for health insurance cards, passports and birth certificates, leaving consumers thousands of pounds out of pocket.’

Full story

The Guardian, 17th September 2014

Source: www.guardian.co.uk

Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales

‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’

Full practice note

Judiciary of England and Wales, 11th September 2014

Source: www.judiciary.gov.uk

Woman wins permission to look at late father’s adoption files – The Guardian

Posted September 10th, 2014 in adoption, birth certificates, disclosure, documents, family courts, grandparents, news by sally

‘A woman has been granted permission to look at court files relating to her father’s adoption to discover the identity of her grandmother, in a ground-breaking judgment that sets a precedent for revealing secret family histories.’

Full story

The Guardian, 9th September 2014

Source: www.guardian.co.uk

Iraq inquiry will tell ‘whole story’ insists Heywood – BBC News

Posted September 9th, 2014 in delay, documents, inquiries, Iraq, news, publishing, reports by sally

‘The Iraq Inquiry report will “not be a cover-up in any shape or form”, the UK’s top civil servant has insisted.’

Full story

BBC News, 9th September 2014

Source: www.bbc.co.uk

SRA investigating nine criminal law firms over failures in advice to asylum seekers – Legal Futures

‘The Solicitors Regulation Authority (SRA) is investigating nine criminal law firms over failures in advice to asylum seekers, it has emerged.’

Full story

Legal Futures, 26th August 2014

Source: www.legalfutures.co.uk

Regina (Panesar) v Central Criminal Court and another – WLR Daily

Regina (Panesar) v Central Criminal Court and another; [2014] EWHC 2821 (Admin); [2014] WLR (D) 382

‘Notwithstanding that the material in question had been seized without good grounds and that the relevant warrants had been quashed, the Crown Court enjoyed jurisdiction to hear an application that material held subsequent to seizure in execution of search warrants should be retained by an investigating authority.’

WLR Daily, 14th August 2014

Source: www.iclr.co.uk

Accountant’s reports safe from public exposure after FoI ruling – Legal Futures

‘The Law Society’s freedom of information adjudicator has rejected a bid to open up public access to accountant’s reports submitted to the Solicitors Regulation Authority.’

Full story

Legal Futures, 20th August 2014

Source: www.legalfutures.co.uk

‘Failure to cooperate’ case prompts ombudsman review – Law Society’s Gazette

‘The Legal Ombudsman (LeO) is to review its internal investigations guidance after a barrister was cleared of misconduct due to its own “failure to cooperate” with the disciplinary process.’

Full story

Law Society’s Gazette, 19th August 2014

Source: www.lawgazette.co.uk

Mothers’ names to be added to UK marriage registers in equality move – The Guardian

‘The names of couples’ mothers are to be added to marriage registers for the first time as the government addresses “another inequality in marriage” by introducing the first reforms to the system in more than 150 years, David Cameron has announced.’

Full story

The Guardian, 18th August 2014

Source: www.guardian.co.uk

City firms face massive disclosure challenge after privilege ruling – Litigation Futures

‘Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.’

Full story

Litigation Futures, 18th August 2014

Source: www.litigationfutures.com

Lawyers must step up data protection measures after series of breaches, says watchdog – Daily Telegraph

Posted August 6th, 2014 in barristers, data protection, documents, news, ombudsmen, privacy, solicitors by sally

‘Christopher Graham, the Information Commissioner, highlights a series of recent privacy breaches by barristers and solicitors.’

Full story

Daily Telegraph, 5th August 2014

Source: www.telegraph.co.uk

IG Index Ltd v Cloete – WLR Daily

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

PJ (Sri Lanka) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in asylum, documents, forgery, law reports, legal profession, Sri Lanka by michael

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011;  [2014] WLR (D)  329

‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Borrower wins court reprieve over £13,000 debt due to ‘illegible documents’ – Daily Telegraph

Posted July 17th, 2014 in consumer credit, debts, documents, news by tracey

‘ When Harry Moore was taken to court over spiralling credit card debts, he faced losing both his home and business. Mr Moore, 43, had built up a balance of more than £13,000 on an MBNA credit card, and had failed to meet repayments. His debts were passed from MBNA to a debt recovery agency, Hillesden Securities, which in November 2013 took him to court. But the case was thrown out – because the orginal agreement was “impossible to read”.’

Full story

Daily Telegraph, 16th July 2014

Source: www.telegraph.co.uk

Lady Butler-Sloss stands down from child-abuse inquiry – The Guardian

‘Lady Butler-Sloss, the retired high court judge, has resigned as chair of the panel that is due to examine the extent to which public institutions failed to investigate allegations of child abuse.

Full story

The Guardian, 14th July 2014

Source: www.guardian.co.uk

Home Office’s lost child abuse files: a victim’s story – The Guardian

‘When it emerged last week that 114 files containing allegations of child sex abuse had disappeared from the Home Office, survivors began to ask questions about whether their abuse had been deliberately covered up or ignored by the authorities.’

Full story

The Guardian, 11th July 2014

Source: www.guardian.co.uk