Law Pod UK Ep. 36: Secrecy, anonymity and public information – 1 COR

Posted June 18th, 2018 in anonymity, freedom of information, inquests, inquiries, news by sally

‘Emma-Louise Fenelon discusses the challenges around secrecy, anonymity and public information in major inquests and inquiries in a talk recorded at One Crown Office Row’s 2018 seminar.’

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Law Pod UK, 14th June 2018

Source: audioboom.com

Throttling Environmental Information – Panopticon

Posted April 27th, 2018 in environmental protection, freedom of information, news by tracey

‘As is so often the way in information rights, the Upper Tribunal reaches a perfectly sensible decision and gives practical guidance which others can actually apply, only for the Court of Appeal to insist on saying mostly the same thing but less clearly and less helpfully. As a result, the Upper Tribunal then has to reconsider the area and steer the law back to a productive course. So it was in Department for Transport & Driver and Vehicle Standards Agency & Porsche Cars GB Ltd v Information Commissioner & Cieslik [2018] UKUT 127 (AAC) (Cieslik), on the – to put it politely – potential interpretative difficulties on the issue of the meaning of “environmental information” under the EIR following the ‘guidance’ of the Court of Appeal in Department for Business, Enterprise and Industrial Strategy v Information Commissioner & Henney [2017] EWCA Civ 844 (see here). And the judgment of Judge Markus QC in Cieslik is a genuinely important and valuable exercise in course correction.’

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Panopticon, 27th April 2018

Source: panopticonblog.com

Councillor facing trial for destroying dog poo records – Daily Telegraph

Posted April 26th, 2018 in disclosure, documents, dogs, freedom of information, local government, news by sally

‘A councillor is facing trial for destroying records about a system to catch fouling dog owners in what is believed to be the first case of its kind.’

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Daily Telegraph, 25th April 2018

Source: www.telegraph.co.uk

New Europe law makes it easy to find out what your boss has said about you – The Guardian

‘General Data Protection Regulation holds that anyone in Europe can ask any company for the data it has on them.’

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The Guardian, 24th April 2018

Source: www.theguardian.com

Prejudice to commercial interests – Local Government Law

Posted April 23rd, 2018 in disclosure, freedom of information, news, public interest by tracey

‘In Case No. EA/2017/0057, Hartlepool Borough Council v The Information Commissioner, the FTT was concerned with whether under FoIA Section 43(2) disclosure would or would be likely to prejudice the commercial interests of any party and if so whether the public interest in maintaining that exemption outweighs the public interest in disclosure. The FTT upheld the Commissioner’s Decision that the disputed information must be disclosed. The Borough Council’s Appeal was dismissed.’

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Local Government Law, 18th April 2018

Source: local-government-law.11kbw.com

Kensington & Chelsea fined £120k for disclosure of owners of empty properties – Local Government Lawyer

‘The Royal Borough of Kensington and Chelsea has been hit with a £120,000 monetary penalty by the Information Commissioner’s Office (ICO) after the council unlawfully identified 943 people who owned vacant properties in the borough.’

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Local Government Lawyer, 16th April 2018

Source: www.localgovernmentlawyer.co.uk

Tribunal upholds council refusal to disclose information on ‘Twitter storm’ SEN law firm – Legal Futures

‘The First-tier Tribunal has upheld a council’s refusal to hand over information on its handling of a review into its dealings with a law firm that caused an uproar by sending out a series of tweets appearing to gloat over defeating cases brought by parents of children with special educational needs.’

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Legal Futures, 13th March 2018

Source: www.legalfutures.co.uk

Information watchdog denounces council over Grenfell failings – The Guardian

Posted March 13th, 2018 in fire, freedom of information, health & safety, housing, local government, news by sally

‘Kensington and Chelsea council has been condemned by the information commissioner for failing to disclose information relating to the Grenfell Tower fire. Elizabeth Denham has made seven rulings against the council for failing to respond to freedom of information requests about fire safety, cladding and risk assessments at the high-rise block.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

Malnick: section 36 reasonableness and the functus ICO – Panopticon

Posted March 8th, 2018 in appeals, freedom of information, news, tribunals by tracey

‘The Upper Tribunal’s most recent judgment – IC v Malnick and ACOBA (GIA/447/2017) – is a rare thing these days: a binding decision that makes a meaningful and general (rather than fact-specific) contribution to FOIA jurisprudence. In particular, it tells us (1) how to assess the reasonableness of a qualified person’s opinion for section 36 FOIA purposes, and (2) whether the FTT can remit a case to the ICO for a fresh decision if it allows an appeal.’

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Panopticon, 5th March 2018

Source: panopticonblog.com

Standup comedian’s husband sues for defamation over ‘provocative’ show – The Guardian

‘An award-winning standup comedian is being sued by her estranged husband for allegedly defaming him in her show.’

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The Guardian, 19th February 2018

Source: www.theguardian.com

Calls for inquiry over financial abuse of vulnerable care home residents as figures show 13,000 have been affected – Daily Telegraph

Posted February 19th, 2018 in care homes, elderly, freedom of information, inquiries, news, powers of attorney by sally

‘Care home managers reported almost 13,000 concerns that vulnerable residents were experiencing financial abuse in the past four years, new figures show.’

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Daily Telegraph, 17th February 2018

Source: www.telegraph.co.uk

Security bodies and legal advice: some Upper Tribunal droning – Panopticon

Posted January 19th, 2018 in aircraft, disclosure, freedom of information, news, weapons by tracey

‘The Times’ Lawyer of the Week this morning discusses an Upper Tribunal FOIA appeal brought by Rights Watch UK (for whom Daniel Carey, the Lawyer of the Week, acted pro bono), seeking disclosure of the Attorney General’s advice on drone strikes in Syria. The case was Corderoy & Ahmed v IC, AGO, Cabinet Office [2017] UKUT 495 (AAC). Whether you consider it a win, a loss or a draw (and if so for whom) will depend on which side you’re on here and, as counsel on all sides were colleagues at 11KBW, I will attempt a studied neutrality. I confess I have not found all aspects of the judgment easy to follow, but here you go.’

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Panopticon, 18th January 2018

Source: panopticonblog.com

ICO backs refusal of council to supply legal opinion over certificate of lawfulness – Local Government Lawyer

Posted January 8th, 2018 in disclosure, freedom of information, local government, news by sally

‘The Information Commissioner last month upheld a decision by a London borough to refuse to supply a copy of a legal opinion obtained by the council relating to an application to grant a certificate of lawfulness for a property.’

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Local Government Lawyer, 5th January 2018

Source: www.localgovernmentlawyer.co.uk

Tribunal rules against total secrecy over UK drone strikes – The Guardian

‘The government’s power to block requests for information on national security grounds has been significantly curtailed by a tribunal ruling over targeted killings of British jihadists abroad.’

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The Guardian, 4th January 2018

Source: www.theguardian.com

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 1) – UK Constitutional Law Association

‘Two recent Court of Appeal decisions raise some interesting constitutional questions about the status of Tribunals in the UK legal system. This post (in two parts) seeks to explore some of the implications and suggests that a key constitutional principle, the separation of powers, has once again been neglected. The two cases are Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and R (Privacy International) v Investigatory Powers Tribunal (‘Privacy International’). Privacy International has received considerably more coverage than Roszkowski and is rumoured to be on the way to the Supreme Court. It has already been addressed on this blog by Thomas Fairclough and elsewhere by Mark Elliott. Roszkowski explores the implications of an important and controversial Supreme Court case, R (Evans) v Attorney General (‘Evans’) and contains some critical comment on the reasoning of Lord Neuberger in that case.’

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UK Constitutional Law Association, 8th December 2017

Source: ukconstitutionallaw.org

Elite prison squad deployed to jails 580 times last year – The Guardian

‘An elite group of specially trained prison officers had to be deployed to jails in England and Wales 580 times last year, figures show.’

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The Guardian, 6th December 2017

Source: www.theguardian.com

’Irrelevant’ criminal record checks harm ex-offenders’ job hopes – The Guardian

‘The criminal records system is hampering the rehabilitation of ex-offenders, according to new figures. Nearly three quarters of the million or so convictions revealed to employers each year in criminal records checks are more than a decade old. Only around 5,000 – one in 197 – are considered relevant to a person’s job application.’

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The Guardian, 25th November 2017

Source: www.theguardian.com

NHS pays out record compensation to cancer patients – Daily Telegraph

Posted November 27th, 2017 in cancer, compensation, damages, freedom of information, health, negligence, news by sally

‘The number of cancer patients successfully suing the NHS for missed diagnoses has doubled in the past five years, new figures show.’

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Daily Telegraph, 26th November 2017

Source: www.telegraph.co.uk

Serious Fraud Office zeros in on large-scale fraud as prosecutions for other offences fall – The Independent

‘As the Serious Fraud Office (SFO) increasingly focuses on large-scale frauds, the overall number of fraud prosecutions in the UK is falling, new figures show.’

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The Independent, 5th November 2017

Source: www.independent.co.uk

Rogue landlords enjoy an easy ride as councils fail to prosecute – The Guardian

‘Councils across Britain have been accused of letting rogue landlords off the hook, after new figures revealed that most have failed to secure a single prosecution.’

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The Guardian, 28th October 2017

Source: www.theguardian.com