Privilege and reporting the contents of documents read by the court – Legal Week

Posted February 28th, 2014 in defamation, documents, law reports, news, privilege by sally

‘The fair and accurate reporting of court proceedings has long been protected from libel action by the defence of privilege. Contemporaneous fair and accurate reports of court proceedings in public are now protected by absolute privilege and other fair and accurate reports by qualified privilege. In the former case no libel action can be brought, in the latter an action will only succeed if malice is proved.’

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Legal Week, 27th February 2014

Source: www.legalweek.com

Papers about Profumo scandal man ‘should be public’ – BBC News

‘A decision to keep documents relating to a man who was at the centre of the Profumo sex scandal hidden should be overturned, a leading lawyer has said. The Information Commissioner is to be asked to overrule a decision by the National Archives to keep the documents about the trial of Stephen Ward hidden.’

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BBC News, 25th February 2014

Source: www.bbc.co.uk

Detained David Miranda loses legal battle – BBC News

‘David Miranda has lost his legal challenge over his detention at Heathrow Airport under anti-terrorism powers.’

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BBC News, 19th February 2014

Source: www.bbc.co.uk

Use of disclosed documents – Panopticon

Posted February 10th, 2014 in civil procedure rules, closed material, disclosure, documents, injunctions, news by tracey

‘The important general principle is of course that a party to whom a document has been disclosed in litigation may use that document only for the purpose of the proceedings in which it is disclosed. There are, nonetheless, three significant exceptions to that principle, set out in CPR r31.22(1).’

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Panopticon, 7th February 2014

Source: www.panopticonblog.com

Freedom of Information: But What is Information? The Upper Tribunal Opines – Panopticon

Posted January 29th, 2014 in appeals, disclosure, documents, freedom of information, interpretation, news, tribunals by sally

‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’

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Panopticon, 28th January 2014

Source: www.panopticonblog.com

Trains, pains and allegations: fairness in medical misconduct cases – UK Human Rights Blog

‘This appeal by Dr Chhabra was concerned with the roles of the case investigator and the case manager when handling concerns about a doctor’s performance under the disciplinary procedures introduced over eight years ago for doctors and dentists in the National Health Service. The national policy framework is known as ‘Maintaining High Professional Standards in the Modern NHS’ (MHPS), which the Trust had implemented through its own policies.’

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UK Human Rights Blog, 19th January 2014

Source: www.ukhumanrightsblog.com

Amritsar massacre: David Cameron launches inquiry into ‘SAS involvement’ in 1984 Golden Temple killings – The Independent

Posted January 15th, 2014 in armed forces, documents, India, inquiries, news by tracey

‘David Cameron says he has launched an urgent investigation after previously secret documents appeared to show possible SAS involvement in the 1984 Amritsar massacre.’

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The Guardian, 14th January 2014

Source: www.guardian.co.uk

Police chief issues partial apology over Lawrence whistleblower documents – The Guardian

‘A police chief has issued a partial apology over his attempt to force Channel 4 to hand over documents about a whistleblower who revealed how undercover officers infiltrated the campaign to bring the killers of Stephen Lawrence to justice.’

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The Guardian, 14th January 2014

Source: www.guardian.co.uk

E-disclosure: 2014 & beyond – New Law Journal

Posted January 7th, 2014 in disclosure, documents, news by sally

‘Mark Surguy, Rob Jones & Tracey Stretton predict where law, technology & business are going in 2014 when it comes to e-disclosure.’

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New Law Journal, 6th January 2013

Source: www.newlawjournal.co.uk

National Security trumps disclosure of Litvinenko secret documents, rules High Court – UK Human Rights Blog

‘Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin). The Foreign Secretary successfully appealed against an order for disclosure of secret documents to the Inquest for the death of former KGB spy Alexander Litvinenko.’

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UK Human Rights Blog, 5th December 2013

Source: www.ukhumanrightsblog.com

For Whom the Bell Tolls – NearlyLegal

Posted November 29th, 2013 in civil procedure rules, costs, documents, news by sally

“This is a brief note on an important Court of Appeal judgement. Mitchell v News Group Newspapers Ltd is actually a defamation case but it is an essential point of reference for anybody involved in civil litigation.”

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NearlyLegal, 28th November 2013

Source: www.nearlylegal.co.uk

Equal Treatment Bench Book – Judiciary of England and Wales

Posted November 8th, 2013 in diversity, documents, equality, judiciary, news by tracey

“The Equal Treatment Bench Book, a guide for judges, magistrates and all other judicial office-holders, has been revised and updated.”

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Judiciary of England and Wales, 6th November 2013

Source: www.judiciary.gov.uk

Iraq Inquiry: Hold-up over access to key documents – BBC News

Posted November 7th, 2013 in delay, disclosure, documents, inquiries, Iraq, news by tracey

“The Iraq Inquiry says it cannot proceed with the next phase of its work because key information, including correspondence between Tony Blair and George W Bush, has yet to be released.”

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BBC News, 6th November 2013

Source: www.bbc.co.uk

Plan to publish historical police records announced – Home Office

Posted October 31st, 2013 in archives, disclosure, documents, news, police, publishing by michael

“Proposals for making historical police records public were announced today by the Home Office following a recommendation by the Hillsborough Independent Panel.”

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Home Office, 31st October 2013

Source: www.gov.uk/home-office

Devout beekeepers win right to refuse switchover to online VAT returns – The Independent

Posted October 22nd, 2013 in documents, internet, news, religious discrimination, taxation, tribunals, VAT by tracey

“Two devoutly religious beekeepers who reject modern technology have won the right not to fill in their VAT returns online after claiming it breached their human rights.”

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The Independent, 21st October 2013

Source: www.independent.co.uk

High Court restricts litigation privilege but gives pointers for future applications, says expert – OUT-LAW.com

Posted September 17th, 2013 in documents, liquidators, news, privilege by sally

“OPINION: It will be harder than ever for companies to keep certain kinds of documents from being opened up to scrutiny after a recent High Court decision. The ruling does, however, give helpful guidance on what organisations have to do to secure and maintain litigation privilege.”

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OUT-LAW.com, 16th September 2013

Source: www.out-law.com

NSA leaks: David Cameron’s response is intimidation, says world press body – The Guardian

“David Cameron has been told that the government’s attempt to destroy sensitive leaked documents about mass surveillance was ‘an act of intimidation’ that risks a chilling effect on press freedom. The World Association of Newspapers and News Publishers (WAN-IFRA) has written to the prime minister over the government’s ‘deeply regrettable’ response to files leaked by the National Security Agency whistleblower Edward Snowden.”

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The Guardian, 26th August 2013

Source: www.guardian.co.uk

Barrister Nadine Wilson-Ellis jailed for Bristol flat scam – BBC News

Posted August 21st, 2013 in barristers, benefits, documents, fraud, housing, landlord & tenant, news by sally

“A barrister has been sent to prison for seven months after pretending to be an unemployed single mother-of-two to get a council flat which she sub-let.”

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BBC News, 20th August 2013

Source: www.bbc.co.uk

Regina (Evans) v Her Majesty’s Attorney General – WLR Daily

Regina (Evans) v Her Majesty’s Attorney General [2013] EWHC 1960 (Admin); [2013] WLR (D) 313

“Section 53(2) of the Freedom of Information Act 2000 required the existence of reasonable grounds before a certificate could be given by an accountable person and if reasonable grounds did not exist the certificate was invalid and of no effect. Further, a certificate under section 53(2) could validly be issued with regard to environmental information.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Mike Gordon: Prince Charles’ Correspondence Back in Court – Reflections on R. (Evans) v. Attorney General – UK Constitutional Law Group

“The Administrative Court is the latest body to become involved in the on-going saga related to disclosure of the Prince of Wales’ correspondence with government departments. In the recent case of R. (Evans) v. Attorney General [2013] EWHC 1960 (Admin), the Guardian journalist Rob Evans challenged the legality of the government’s decision to veto disclosure of the relevant correspondence between Prince Charles and a range of government ministers. Disclosure of most of this material had been ordered under the Freedom of Information Act 2000 (FOIA) by the Upper Tribunal, allowing an appeal from Evans against the earlier decision of the Information Commissioner that the correspondence sought could be withheld.”

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UK Constitutional Law Group, 22nd July 2013

Source: www.ukconstitutionallaw.org