Category: public interest

Fairness under the DPA: public interests can outweigh those of the data subject – Panopticon

Posted June 19th, 2014 in data protection, news, police, professional conduct, public interest by sally

‘Suppose a departing employee was the subject of serious allegations which you never had the chance properly to investigate or determine. Should you mention these (unproven) allegations to a future employer? Difficult questions arise, in both ethical and legal terms. One aspect of the legal difficulty arises under data protection law: would it be fair to share that personal information with the prospective employer?’

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Panopticon, 18th June 2014

Source: www.panopticonblog.com

Do Not Resuscitate notices: Patients’ rights under Article 8 – UK Human Rights Blog

Posted June 18th, 2014 in abortion, appeals, consultations, hospitals, human rights, judicial review, medical treatment, news, privacy, public interest by sally

‘The Court of Appeal has declared that the failure of a hospital to consult a patient in their decision to insert a Do Not Attempt Cardiopulmonary Resuscitation Notice in her notes was unlawful and in breach of her right to have her physical integrity and autonomy protected under Article 8.’

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UK Human Rights Blog, 17th June 2014

Source: www.ukhumanrightsblog.com

Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

Posted June 16th, 2014 in appeals, closed material, disclosure, media, news, public interest, reporting restrictions, rule of law, terrorism by sally

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

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UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

‘Secret’ terror trial ruling due at Old Bailey – BBC News

Posted June 12th, 2014 in anonymity, appeals, news, private hearings, public interest, reporting restrictions, terrorism, trials by sally

‘The Court of Appeal is to rule on whether a trial of two terrorist suspects can be heard in secret.’

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BBC News, 12th June 2014

Source: www.bbc.co.uk

Cyril Smith CPS files ‘must be revealed’ – BBC News

Posted June 10th, 2014 in Crown Prosecution Service, disclosure, documents, freedom of information, news, prosecutions, public interest, tribunals by sally

‘The Crown Prosecution Service has been told it must reveal details about its decision not to prosecute the former Rochdale MP Cyril Smith for alleged offences against children.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

Disabled applicant not entitled under Article 8 to specific care needs – UK Human Rights Blog

Posted June 9th, 2014 in budgets, carers, disabled persons, human rights, judicial review, local government, news, proportionality, public interest, Supreme Court by sally

‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

Secret terrorism trial runs risk of miscarriage of justice, says Sadiq Khan – The Guardian

Posted June 6th, 2014 in appeals, closed material, news, private hearings, public interest, reporting restrictions, terrorism by sally

‘Plans to hold the criminal trial of two men charged with serious terrorism offences entirely in secret runs the risk of creating a miscarriage of justice that will never be put right, the shadow justice secretary has warned.’

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The Guardian, 5th June 2014

Source: www.guardian.co.uk

Council wins FOI battle over legal advice for whistle-blowing investigation – Local Government Lawyer

Posted June 4th, 2014 in appeals, disclosure, freedom of information, local government, news, privilege, public interest, solicitors, tribunals, whistleblowers by tracey

‘A council has won an appeal to the First-Tier Tribunal over its refusal to meet a freedom of information request for the disclosure of legal advice given to a consultant conducting an investigation on the authority’s behalf.’

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Local Government Lawyer, 3rd June 2014

Source: www.localgovernmentlawyer.co.uk

Richard III: fairness and public interest litigation – UK Human Rights Blog

Posted May 28th, 2014 in burials and cremation, judicial review, news, public interest, royal family by sally

‘Some 527 years after his death, Richard III’s skeleton was found beneath a car park in Leicester. The Plantagenet Alliance, a campaigning organisation representing a group of collateral descendants, sought judicial review of the decision taken by the Secretary of State to exhume and re-inter the monarch in Leicester Cathedral without consulting them and a wide audience.’

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UK Human Rights Blog, 28th May 2014

Source: www.ukhumanrightsblog.com

Golf course judicial review case reversed on appeal – UK Human Rights Blog

Posted May 19th, 2014 in appeals, environmental protection, judicial review, local government, news, planning, public interest, sport by sally

‘The Court of Appeal has reversed the robustly expressed view of Haddon-Cave J (see my post here) that the grant of planning permission to a proposed “exclusive” golf club in Surrey should be quashed.’

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UK Human Rights Blog, 18th May 2014

Source: www.ukhumanrightsblog.co.uk

Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

Posted May 13th, 2014 in Court of Protection, human rights, media, mental health, news, public interest, third parties, trials by sally

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

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UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court

Posted May 12th, 2014 in anonymity, appeals, BBC, child abuse, contempt of court, deportation, freedom of expression, human rights, immigration, judicial review, law reports, public interest, Scotland, Supreme Court by sally

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Anonymity order compatible with Convention and common law – Supreme Court – UK Human Rights Blog

Posted May 12th, 2014 in anonymity, appeals, BBC, child abuse, contempt of court, deportation, freedom of expression, human rights, immigration, judicial review, news, public interest, Scotland, Supreme Court by sally

‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’

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UK Human Rights Blog, 9th May 2014

Source: www.ukhumanrightsblog.com

Council wins appeal over quashing of golf course planning permission – Local Government Lawyer

Posted May 12th, 2014 in appeals, environmental protection, local government, news, planning, public interest, sport by sally

‘A local authority and a developer have won their appeal over a High Court ruling that quashed planning permission for a controversial hotel and golf complex in the Surrey Hills.’

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Local Government Lawyer, 9th May 2014

Source: www.localgovernmentlawyer.co.uk

The Nanny State – legislating on health and morality – Halsbury’s Law Exchange

Posted May 1st, 2014 in crime, health, human rights, news, public interest by sally

‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”

The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’

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Halsbury’s Law Exchange, 30th April 2014

Source: www.halsburyslawexchange.co.uk

Illegal abortion doctors face no action – Daily Telegraph

Posted April 22nd, 2014 in abortion, doctors, news, prosecutions, public interest by sally

‘Doctors who illegally signed dozens of abortion consent forms will not be disciplined, as MPs say this is evidence of the UK’s ‘abortion on demand’ culture.’

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Daily Telegraph, 22nd April 2014

Source: www.telegraph.co.uk

Death of Jimmy Mubenga – Charging decisions following inquest – CrimeLine

Posted March 20th, 2014 in Crown Prosecution Service, homicide, immigration, news, prosecutions, public interest, unlawful killing by tracey

‘The Crown Prosecution Service has reviewed the evidence relating to the tragic death of Jimmy Mubenga in October 2010. We had previously decided in July 2012 that no charges should be brought in relation to Mr Mubenga’s death. In accordance with a memorandum of understanding between prosecutors, coroners and the police, the case was reconsidered by the CPS following the verdict of unlawful killing at the inquest. All new evidence from the inquest was taken into account during this review. In accordance with the Code for Crown Prosecutors, the decision now is that there is sufficient evidence and it is in the public interest for Colin Kaler, Terrence Hughes and Stuart Tribelnig to be prosecuted for manslaughter.’

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CrimeLine, 20th March 2014

Source: www.crimeline.info

Court of Appeal judges to rule on 1948 Malaya ‘massacre’ – BBC News

Posted March 19th, 2014 in appeals, armed forces, colonies, human rights, inquiries, news, public interest by tracey

‘Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops.’

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BBC News, 19th March 2014

Source: www.bbc.co.uk

The Not Entirely Secret Diary of Mr Lansley – Panopticon

Posted March 18th, 2014 in cross-examination, freedom of information, ministers' powers and duties, news, parliamentary privilege, public interest, tribunals by tracey

‘What considerations are relevant when deciding whether a Ministerial diary should be disclosed under FOIA? The decision of the First-tier Tribunal in Department of Health v Information Commissioner EA/2013/0087 is, perhaps surprisingly, the first Tribunal decision to address this issue. The judgment engages with a number of difficult issues: the Tribunal’s approach to Government evidence, the value of cross-examination in Tribunal hearings, aggregation of public interests under FOIA, and Parliamentary privilege. Hence it is of general importance, going beyond the intrinsic interest of its specific subject matter.’

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Panopticon, 18th March 2014

Source: www.panopticonblog.com

Prince Charles letters: attorney general acted unlawfully, say senior judges – The Guardian

Posted March 12th, 2014 in appeals, attorney general, disclosure, freedom of information, lobbying, media, news, public interest, royal family by tracey

‘Three senior judges have ruled that Dominic Grieve, the attorney general, acted unlawfully when he blocked the publication of letters written by Prince Charles to government ministers. The ruling, led by Lord Dyson, the head of the civil judiciary in England and Wales, paves the way for the release of the letters which reveal how the prince lobbied government ministers to change official policies.’

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The Guardian, 12th March 2014

Source: www.guardian.co.uk