Equalising goal: Law Society proposes SLAPP curbs – Law Society’s Gazette

Posted May 19th, 2022 in costs, freedom of expression, Law Society, news, public interest by sally

‘The Law Society has today echoed calls for a clampdown on so-called “lawfare”, but warned of “unintended consequences” if reforms are not properly thought through.’

Full Story

Law Society's Gazette, 19th May 2022

Source: www.lawgazette.co.uk

BBC to air MI5 agent investigation following High Court ruling – The Independent

Posted May 19th, 2022 in anonymity, BBC, informers, intelligence services, news, public interest by sally

‘The BBC said a High Court ruling will allow it to broadcast a programme about a man it is claimed exploited his status as an MI5 informant.’

Full Story

The Independent, 18th May 2022

Source: www.independent.co.uk

Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog

‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’

Full Story

EIN Blog, 13th May 2022

Source: www.ein.org.uk

Judge throws out most of Swedish businessman’s libel claim in England – The Guardian

‘A British judge has thrown out large parts of a libel action by a Swedish businessman who tried to sue journalists writing about his company before its flotation on a Norwegian stock exchange.’

Full Story

The Guardian, 11th May 2022

Source: www.theguardian.com

Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

Full Story

Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk

Legal regulators “need to do more” in dealing with SLAPPs – Legal Futures

‘The Solicitors Regulation Authority (SRA), Bar Standards Board and other legal regulators need to do more to deal with SLAPPs – strategic lawsuits against public participation – because they are undermining the profession’s reputation, a report has argued.’

Full Story

Legal Futures, 26th April 2022

Source: www.legalfutures.co.uk

BBC blocked from naming alleged MI5 informant accused of abusing women – The Guardian

‘The BBC has been banned from identifying a “dangerous extremist and misogynist” who is allegedly an MI5 informant, after a high court judge granted an injunction.’

Full Story

The Guardian, 7th April 2022

Source: www.theguardian.com

High Court to rule on bid for injunction to block BBC story over ‘MI5 informant’ – The Independent

‘The High Court is due to give a ruling on whether the BBC can identify a “dangerous extremist and misogynist” who is allegedly an MI5 informant.’

Full Story

The Independent, 6th April 2022

Source: www.independent.co.uk

The Court of Protection and transparency – Local Government Lawyer

‘Lauren Gardner analyses a Court of Protection ruling on whether proceedings in relation to a 21-year-old woman should be open to the public and whether the judgment should be published.’

Full Story

Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

Guardian wins legal challenge over access to employment tribunal papers – The Guardian

‘Journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, it has been ruled, after a successful legal challenge by the Guardian.’

Full Story

The Guardian, 22nd March 2022

Source: www.theguardian.com

Anonymity: politics, polarisation and the public interest – UK Human Rights Blog

‘In the politically-charged and at times feverish aftermath of the Brexit referendum, Gina Miller became a “magnet for hatred” for exercising her right of access to courts and winning two landmark public law cases against the UK Government. The magnitude and ferocity of abuse directed at Gina Miller made those who followed in her footsteps wary enough to seek anonymity. In Yalland and others v Brexit Secretary, 4 claimants were granted anonymity in relation to a judicial review claim concerning UK participation in the European Economic Area Agreement.’

Full Story

UK Human Rights Blog, 15th March 2022

Source: ukhumanrightsblog.com

Protecting the identity of a child whose sibling has been killed by their parents – Transparency Project

‘This was the issue in the landmark human rights case, Re S [2004] UKHL 47, in which Lord Steyn formulated the test in balancing privacy interests under Article 8 of the European Convention on Human Rights with freedom of expression interests under Article 10. Lord Steyn’s formula is relied on (or should be) every time the media argue that it’s in the public interest to breach someone’s Article 8 rights. Likewise, every time an individual argues their privacy rights outweigh freedom of expression, we go to Re S.’

Full Story

Transparency Project, 8th March 2022

Source: www.transparencyproject.org.uk

Court bid to prevent BBC airing MI5 agent probe – BBC News

‘The government wants to stop a BBC programme that alleges an MI5 agent is a dangerous extremist and misogynist, who abused two former female partners.’

Full Story

BBC News, 24th February 2022

Source: www.bbc.co.uk

Judges and lawyers call for curbs on misuse of SLAPPs – Legal Futures

‘Senior judges and lawyers on a panel chaired by former Supreme Court president Lord Neuberger have called for legal reforms to curb “strategic lawsuits against public participation” (SLAPPs).’

Full Story

Legal Futures, 30th November 2021

Source: www.legalfutures.co.uk

Prince Philip’s will: legal battle launched over media exclusion from hearing – The Guardian

Posted November 18th, 2021 in attorney general, media, news, private hearings, public interest, royal family, wills by tracey

‘Legal action against the attorney general and the Queen’s private lawyers has been initiated over a decision to ban media organisations from a court hearing about the Duke of Edinburgh’s will.’

Full Story

The Guardian, 18th November 2021

Source: www.theguardian.com

Jason Varuhas: Remedies Reform Part 2: Discretionary Factors – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, public interest by tracey

‘This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

Full Story

UK Constitutional Law Association, 9th November 2021

Source: ukconstitutionallaw.org

Family spared trial over mummified remains of woman found on mattress – The Guardian

‘The brother, sister and mother of a woman whose mummified remains were found on a mattress will not face trial, a judge has ruled.’

Full Story

The Guardian, 9th November 2021

Source: www.theguardian.com

Privacy & transparency in the family courts – Sir Andrew MacFarlane reports – Panopticon

‘The issue of how the protection of privacy rights should be balanced as against the fundamental public interest in achieving transparency and open justice within the family justice system has long vexed the family division of the High Court. On the one hand, ensuring the confidentiality of family law proceedings is crucial both in terms of protecting the fundamental privacy rights of those individuals who find themselves caught up in such proceedings and in terms of maximising their engagement in the process. On the other hand, a lack of meaningful transparency around the work of the family courts undermines public trust in the family justice system, increases the risk of miscarriages of justice and inhibits the public’s ability to press for reforms of the system on a properly informed basis. The family courts have for a number of years recognised that this balance was weighted too strongly in favour of preserving the confidentiality of family court proceedings, but that still left the fantastically difficult question of how the system should be reformed so as to increase the level of transparency. These are issues that were considered most recently by the courts in the case of Newman v Southampton City Council [2021] EWCA Civ 437. In that case, a journalist who had been unable to attend the first instance hearings of a particular high profile adoption case, was seeking access to the documents which had been placed before the first instance court. The Court of Appeal concluded that the High Court had been right to conclude that the balance of interests tipped in favour of preserving the confidentiality of the majority of relevant documents. However, it also observed that the case served to ‘underline the need for the Transparency Review’ (paragraph 92).’

Full Story

Panopticon, 2nd November 2021

Source: panopticonblog.com

Concern police will be able to ‘strong-arm’ NHS to hand over patient data under new plans – The Independent

‘Police forces will be able to “strong-arm” NHS bodies into handing over confidential patient data under planned laws that have sparked fury from doctors’ groups and the UK’s medical watchdog.’

Full Story

The Independent, 17th October 2021

Source: www.independent.co.uk

Retired solicitor sees off harassment claim over ‘puerile’ blog – Law Society’s Gazette

‘A retired solicitor’s “abrasive” and “frequently puerile” blog posts are entitled to the same level of protection as mainstream journalism, a High Court judge has ruled, striking out a harassment claim brought by a local government officer.’

Full Story

Law Society's Gazette, 19th July 2021

Source: www.lawgazette.co.uk