Facebook, drag artists and data protection dilemmas: ‘if you stand on our pitch, you must play by our rules’ – Panopticon

Posted July 31st, 2015 in anonymity, data protection, internet, news, privacy by sally

‘Facebook is one of the main battlegrounds between privacy and other social goods such as safety and security.’
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Panopticon, 31st July 2015

Source: www.panopticonblog.com

Permanent Anonymity and Restricted Reporting Orders – Littleton Chambers

Posted July 25th, 2015 in anonymity, employment tribunals, news, reporting restrictions by sally

‘The ET has the power to order that the identity of individuals named in proceedings be permanently anonymised in any judgment. This power has been expressly embodied in rule 50(3)(b) of the Tribunal Rules of Procedure 2013, although before this rule came into force a similar power already existed, to safeguard an individual’s rights under the European Convention of Human Rights: see F v G [2012] ICR 246.’

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Littleton Chambers, 23rd July 2015

Source: www.littletonchambers.com

Greater Transparency in Children Proceedings: A Note of Caution – Family Law week

‘Tom Wilson, pupil barrister at 1 Garden Court Family Law Chambers, examines the arguments in favour of greater transparency in the family justice system but sounds a note of caution.’

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Family Law Week, 9th July 2015

Source: www.familylawweek.co.uk

Council secures lifelong reporting restrictions order in favour of 17-year-old – Local Government Lawyer

‘Birmingham City Council has secured a lifelong reporting restrictions order (RRO) in favour of a 17-year-old woman, AB, who was sexually exploited by ten respondents to the proceedings.’

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Local Government Lawyer, 2nd July 2015

Source: www.localgovernmentlawyer.co.uk

Secret prosecution of terrorism suspect raises ‘difficult constitutional issues’ – The Guardian

‘The decisions that led to a terrorism suspect being prosecuted in conditions of almost unprecedented secrecy raise “really difficult constitutional issues” about the independence of prosecutors from government, the head of the judiciary in England and Wales warned on Wednesday.’

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The Guardian, 1st July 2015

Source: www.guardian.co.uk

Judge’s Instagram ruling a ‘practical solution’ to problems of online anonymity, says expert – OUT-LAW.com

‘A judge’s decision to allow a man experiencing alleged harassment over the internet to serve legal claims to the person accused of the activity via Instagram “appears to be a practical solution” to the issue of online anonymity, an expert has said.’

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OUT-LAW.com, 26th June 2015

Source: www.out-law.com

Procedure – 39 Essex Chambers

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Cheating Premier League footballer at centre of one-night stand blackmail plot should be named, says judge – Daily Telegraph

Posted March 26th, 2015 in anonymity, appeals, blackmail, costs, injunctions, news by sally

‘Justice Warby rules an anonymity order protecting a wealthy well-known defender who had a one-night stand despite having a long term partner and child should be lifted.’

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Daily Telegraph, 25th March 2015

Source: www.telegraph.co.uk

Why do MPs keep suggesting anonymity for rape suspects? – The Independent

Posted March 24th, 2015 in anonymity, news, parliament, rape, select committees, sexual offences by sally

‘Should rape suspects have the right to anonymity, like their accusers? It’s a debate that keeps coming back, because MPs keep resurrecting it. Today it’s the Home Affairs Select Committee, which recommends anonymity for those suspected of a sex offence, unless and until they’re charged.’

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The Independent, 20th March 2015

Source: www.independent.co.uk

Transparency in the Court of Protection: press should be allowed names – UK Human Rights Blog

‘A healthcare NHS Trust v P & Q [2015] EWCOP (13 March 2015). The Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting restrictions apply.’

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UK Human Rights Blog, 19th March 2015

Source: www.ukhumanrightsblog.com

Sex crime suspects deserve anonymity, MPs say – BBC News

Posted March 20th, 2015 in anonymity, bail, news, rape by sally

‘There should be a statutory ban on the identification of people who are arrested for sexual offences in England and Wales, a committee of MPs has said.’

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BBC news, 20th March 2015

Source: www.bbc.co.uk

What should we do with violent children? One secure home may have the answer – The Guardian

‘The young people locked up in Clayfields House have been convicted of serious crimes, from assault to murder. Under close supervision, many have turned their lives around – but now this unusual prison may be under threat.’

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The Guardian, 18th March 2015

Source: www.guardian.co.uk

Radical overhaul of anonymity in approval hearings – Cloisters

Posted March 17th, 2015 in anonymity, media, news, personal injuries, private hearings by sally

‘The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96. This fundamentally changes the approach to anonymity in approval hearings.’

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Cloisters, 18th February 2015

Source: www.cloisters.com

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) – WLR Daily

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) [2015] EWCA Civ 96 ; [2015] WLR (D) 77

‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.

WLR Daily, 17th February 2015

Source: www.iclr.co.uk

CA supports anonymity orders in personal injury approval hearings – UK Human Rights Blog

‘For some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement. This welcome decision of the Court of Appeal means that anonymity orders will normally be made in cases involving protected parties.’

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UK Human Rights Blog, 19th February 2015

Source: www.ukhumanrightsblog.com

Anonymity breakthrough in personal injury claims – Law Society’s Gazette

Posted February 18th, 2015 in anonymity, children, negligence, news, personal injuries by sally

‘Children and protected parties in medical negligence and personal injury cases should not be publicly named unless anonymity is either unnecessary or inappropriate, the Court of Appeal ruled today.’

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Law Society’s Gazette, 17th February 2015

Source: www.lawgazette.co.uk

Judge left anonymous in family court case is named – Daily Telegraph

Posted January 13th, 2015 in anonymity, family courts, judges, news by sally

‘Judicial Office names judge in Reading case as Eleanor Owens after identities of everyone involved kept secret in highly-unusual move.’

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Daily Telegraph, 12th January 2015

Source: www.telegraph.co.uk

Ched Evans: the legal issues – Halsbury’s Law Exchange

‘The “innocent man wrongly imprisoned who fights a valiant struggle to secure his freedom” is a long used trope in our culture. The hero is normally a sympathetic figure, heroically taking on the establishment.’

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Halsbury’s Law Exchange, 7th January 2015

Source: www.halsburyslawexchange.co.uk

Unwanted anonymity and gagging orders – Free Movement

Posted December 17th, 2014 in anonymity, asylum, children, immigration, news, privacy, tribunals by sally

‘I’ve now come across two cases in which judges of the First-tier Tribunal Immigration and Asylum Chamber have imposed unwanted anonymity orders on parties without any application or notice. One case is reported here and the other can’t be reported because of, well, the anonymity order. In both cases there was media interest beforehand and the orders acts as a gagging orders, preventing the parties from discussing their case with the media, even though the cases and the identities of the appellants had already been reported. In one of the cases the appellant had a child and that provided the reason or pretext for imposing anonymity. In the other unreported case children are named in the determination but are entirely tangental to the case and could easily have not been named.’

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Free Movement, 17th December 2014

Source: www.freemovement.org.uk

Jordan Begley death: Media can name Taser officers after 2 February – BBC News

Posted December 16th, 2014 in anonymity, appeals, firearms, inquests, news, police by sally

‘Five police officers who wanted anonymity at an inquest into a man shot with a Taser will be named unless they win an appeal, a coroner has ruled.’

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BBC News, 15th December 2014

Source: www.bbc.co.uk