The death of the ‘right to silence’ in regulatory proceedings? – UK Human Rights Blog

Posted August 12th, 2019 in doctors, news, professional conduct, self-incrimination by tracey

‘Two recent cases have important consequences for regulated professionals who fail to participate in regulatory hearings. In Kuzmin v. GMC [2019] EWHC 2129 (Admin) the issue was whether a tribunal can draw adverse inferences if a doctor declines to give evidence. Sanusi v. GMC [2019] EWCA Civ 1172 concerned the tribunal’s duty of procedural fairness where a professional fails to attend the hearing at all.’

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UK Human Rights Blog, 9th August 2019

Source: ukhumanrightsblog.com

Disclosure of material from care proceedings to the police – UK Police Law Blog

‘The Court of Appeal has held in Re M (Children) (Disclosure to the Police) [2019] EWCA Civ 1364, that the Re C test for disclosure of material from care proceedings to the police remains good law after 23 years, and in the light of the Human Rights Act 1996, but with the qualification that disclosure must be necessary and proportionate.’

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UK Police Law Blog, 31st July 2019

Source: ukpolicelawblog.com

‘Self-employed’ plumber had rights as ‘worker’, but not employee, appeal court rules – OUT-LAW.com

‘A purportedly self-employed plumber engaged through a London-based firm was a ‘worker’, entitled to paid holiday rights and the right to bring a claim for disability discrimination, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th February 2017

Source: www.out-law.com

Anni Dewani death: coroner questions need for UK inquest – The Guardian

Posted September 10th, 2015 in foreign jurisdictions, inquests, murder, news, self-incrimination by tracey

‘A coroner has questioned whether there should be an inquest in the UK into the death of businessman Shrien Dewani’s wife, Anni, during a carjacking in South Africa.’

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The Guardian, 9th September 2015

Source: www.guardian.co.uk

Ring Fencing – New Square Chambers

Posted July 27th, 2015 in Crown Court, disclosure, news, self-incrimination, stay of proceedings by sally

‘There is an important question of the circumstances in which a civil trial can take place during the period when a defendant is being prosecuted for related matters in the Crown Court.’

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New Square Chambers, 29th June 2015

Source: www.newsquarechambers.co.uk

Grandmother spared jail after admitting killing baby son 52 years ago – The Guardian

Posted July 22nd, 2015 in infanticide, news, self-incrimination, sentencing by sally

‘A guilt-racked grandmother has been spared jail after confessing to killing her newborn son by smothering him with a cushion 52 years ago. Melody Casson suffocated 18-day-old Wayne Harper in 1963 when she was a 15 and told police at the time she accidentally rolled on top of her son when she fell asleep on the sofa.’

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The Guardian, 21st July 2015

Source: www.guardian.co.uk

The iniquity exception – legal privilege and the long-running Ablyazov litigation – Legal Week

‘What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers).’

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Legal Week, 13th August 2014

Source: www.legalweek.com

Supreme Court dismisses self-incrimination appeal – UK Human Rights Blog

Posted July 10th, 2012 in appeals, news, private investigators, self-incrimination, Supreme Court by sally

“The Supreme Court has had its first (and perhaps last) look at an issue arising from the phone hacking litigation against the News of the World newspaper.”

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UK Human Rights Blog, 9th July 2012

Source: www.ukhumanrightsblog.com

Self-incrimination rights apply if accused has allegedly misused personal information, Supreme Court rules – OUT-LAW.com

Posted July 6th, 2012 in confiscation, evidence, interception, news, self-incrimination by tracey

“Individuals’ right not to self-incriminate themselves is lost if it is alleged that they misused confidential technical or commercial information, the UK Supreme Court has said.”

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OUT-LAW.com, 5th July 2012

Source: www.out-law.com

Phillips v News Group Newspapers Ltd and another – WLR Daily

Phillips v News Group Newspapers Ltd and another [2012] UKSC 28 ; [2012] WLR (D) 193

“The privilege against self-incrimination did not entitle a private investigator to refuse to comply with an order in civil proceedings requiring him to disclose the identity of those who had instructed him to intercept mobile phone voicemail messages containing confidential information of a commercial nature.”

WLR Daily, 4th July 2012

Source: www.iclr.co.uk

Coogan v News Group Newspapers Ltd and another; Phillips v Same – WLR Daily

Coogan v News Group Newspapers Ltd and another; Phillips v Same [2011] EWCA Civ 48; [2012] WLR (D) 18

“The phrase ‘technical or commercial information or other intellectual property’ within the definition of ‘intellectual property’ in section 72 of the Senior Courts Act 1981 was apt to embrace telephone voice messages said to have been intercepted by a private investigator on the telephones of individuals; and the effect of that finding was that the privilege against self-incrimination on which the interceptor might otherwise have relied was removed.”

WLR Daily, 1st February 2012

Source: www.iclr.co.uk

Coogan and Phillips v NGN – give a thought to the under-privileged – Kirsten Sjovoll – UK Human Rights Blog

Posted February 2nd, 2012 in appeals, interception, news, privilege, self-incrimination, telecommunications by sally

“The Court of Appeal today (1 February) dismissed Mr Glenn Mulcaire’s appeal against an order that he provide information to claimants in the phone hacking litigation. The Court (Lord Judge, Lord Neuberger and Maurice Kay LJ) unanimously upheld the rulings of Mann J and Vos J that, as a result of the operation of section 72 of the Senior Courts Act 1981, Mr Mulcaire was not entitled to rely on his privilege against self-incrimination (‘PSI’).”

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UK Human Rights Blog, 1st February 2012

Source: www.ukhumanrightsblog.com

Glenn Mulcaire ordered to reveal phone hacking details by appeal court – The Guardian

“Glenn Mulcaire, the private investigator at the centre of the phone-hacking scandal, has lost his appeal against an earlier high court ruling requiring him to reveal who at the News of the World instructed him to hack into Steve Coogan’s voicemails.”

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The Guardian, 1st February 2012

Source: www.guardian.co.uk

CoA ruling on Mulcaire privilege case imminent – The Lawyer

Posted January 26th, 2012 in appeals, news, private investigators, privilege, self-incrimination by sally

“The Court of Appeal will next Wednesday (1 February) decide whether the private investigator at the centre of the News of the World (NoW) phone hacking scandal must disclose who instructed him to intercept voicemails.”

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The Lawyer, 26th January 2012

Source: www.thelawyer.com

Phone-hacking scandal: Judgement on Mulcaire reserved – BBC News

Posted November 29th, 2011 in appeals, interception, news, privilege, self-incrimination, telecommunications by sally

“Judgement has been reserved over a private investigator’s appeal against two court orders that may force him to reveal who ordered him to hack phones.”

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BBC News, 29th November 2011

Source: www.bbc.co.uk

Self-incrimination and the fruit of the poisonous tree: the Cadder rule – UK Human Rights Blog

Posted October 10th, 2011 in evidence, human rights, legal representation, news, police, self-incrimination by sally

“Reliance on evidence that emerged from questioning a person without access to a lawyer did not invariably breach the right to a fair trial under Article 6. The principle established by Salduz v Turkey (36391/02) (2009) 49 EHRR 19 did not apply to questioning outside a police station.”

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UK Human Rights Blog, 7th October 2011

Source: www.ukhumanrightsblog.com

What if Rebekah Brooks stays silent? – The Guardian

“As reporters wait, tweet-fingers poised, for such nuggets of information as Rebekah Brooks may dangle before MPs this afternoon, constitutional lawyers will be much more interested in any excuses she may give for not answering questions.”

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The Guardian, 19th July 2011

Source: www.guardian.co.uk

High Court extends ability to strip people of right not to self-incriminate – OUT-LAW.com

“People accused of misusing confidential commercial or technical information have lost the right to avoid self-incrimination in court cases, following a High Court ruling.”

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OUT-LAW.com, 3rd March 2011

Source: www.out-law.com

Gray v News Group Newspapers Ltd and another; Coogan v Same – WLR Daily

Gray v News Group Newspapers Ltd and another; Coogan v Same [2011] EWHC 349 (Ch); [2011] WLR (D) 65

“The words ‘technical or commercial information’ in the definition of ‘intellectual property’ in section 72(5) of the Senior Courts Act 1981, section 72 (1) of which provided for the withdrawal of privilege against self or spousal incrimination in proceedings for, inter alia, infringement of rights pertaining to any intellectual property, meant technical or commercial information which could be protected by action.”

WLR Daily, 28th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.