Court clarifies ‘risk of dissipation’ in asset freezing order case – OUT-LAW.com

Posted September 13th, 2024 in assets recovery, disclosure, fraud, news by tracey

‘A recent English High Court ruling serves as a timely reminder of the factors that the court will take into account when considering the risk of dissipation of assets in the context of a freezing order application.’

Full Story

OUT-LAW.com, 12th September 2024

Source: www.pinsentmasons.com

Information Rights Tribunal orders council to disclose information on noise dispute

Posted September 6th, 2024 in disclosure, local government, news, noise by sally

‘The Royal Borough of Kensington & Chelsea (RBKC) has been given 35 days to disclose information in a lengthy dispute about noise from a piano.’

Full Story

Local Government Lawyer, 5th September 2024

Source: www.localgovernmentlawyer.co.uk

NHS clinical negligence agreement “encourages apologies” – Legal Futures

‘A successor agreement to the Covid-19 clinical negligence protocol has been launched , which encourages the NHS to provide a “meaningful letter of apology” where liability is admitted and identify any patient safety lessons.’

Full Story

Legal Futures, 28th August 2024

Source: www.legalfutures.co.uk

Guide sets out “consistent process” for AI approach to e-discovery – Legal Futures

‘The International Legal Technology Association (ILTA) has published a draft best practice guide for the use in e-discovery of active learning (AL), a form of machine learning which can update and change its predictions as additional documents are reviewed.’

Full Story

Legal Futures, 16th August 2024

Source: www.legalfutures.co.uk

Appeal judge bemoans ‘trench warfare’ of litigation tactics – Law Society’s Gazette

Posted August 12th, 2024 in case management, disclosure, freezing injunctions, news, Scotland by tracey

‘The Court of Appeal has thrown out a freezing order challenge in a ruling where two judges made scathing criticisms of disclosure failings.’

Full Story

Law Society's Gazette, 9th August 2024

Source: www.lawgazette.co.uk

Dean v Information Commissioner [2024] UKFTT 330 (GRC) – Landmark Chambers

‘In Dean v Information Commissioner, the First-tier Tribunal (General Regulatory Chamber) considered whether photographs belonging to the planning applicant, which allegedly showed planning notice being displayed, could be disclosed to the public. The judgment is notable, not least for its opening line from The Hitchhiker’s Guide to the Galaxy (more on this in the conclusion), but also for the tribunal’s consideration of the interaction between data protection legislation and the Aarhus Convention in respect of the right to public participation in the planning process. The decision also contains strong criticisms of the Council’s failure to implement planning law adequately.’

Full Story

Landmark Chambers, 17th July 2024

Source: landmarkchambers.co.uk

Firm forced to take action against client’s ex-husband over email error – Legal Futures

Posted July 15th, 2024 in confidentiality, disclosure, divorce, electronic mail, injunctions, law firms, news by tracey

‘A family law firm has had to take legal action against the ex-husband of a client after an associate accidentally sent confidential information about another client to him.’

Full Story

Legal Futures, 15th July 2024

Source: www.legalfutures.co.uk

High Court issues disclosure ruling in £100m dispute over alleged wrongful termination of contract for supply of Covid-19 lateral flow test kits – Local Government Lawyer

‘The Technology and Construction Court has granted a declaration sought by the Secretary of State for Health and Social Care that certain documents relating to an aborted contract for Covid-19 lateral flow test kits are under the control of the main contractor in the dispute.’

Full Story

Local Government Lawyer, 11th July 2024

Source: www.localgovernmentlawyer.co.uk

Court rejects ‘intrusive’ request in negligence claim – Law Society’s Gazette

Posted July 10th, 2024 in disclosure, law firms, negligence, news, solicitors, telecommunications by tracey

‘An “intrusive” request for an Irwin Mitchell partner’s personal phone has been rejected by a judge in disclosure talks ahead of a negligence claim.’

Full Story

Law Society's Gazette, 9th July 2024

Source: www.lawgazette.co.uk

Tribunal rejects appeal over refusal by district council to disclose all information requested on Code of Conduct review panel hearing – Local Government Lawyer

‘A man who argued health and safety legislation should “reign supreme” over the Freedom of Information (FOI) Act 2000 in an appeal of South Kesteven District Council’s refusal of an FOI request has had his appeal dismissed by the First Tier Tribunal (FTT).’

Full Story

Local Government Lawyer, 24th June 2024

Source: www.localgovernmentlawyer.co.uk

More transparency? Or naming and shaming? The FCA’s proposed new approach to enforcement – Mountford Chambers

‘Fatima Jama explores the FCA’s proposed new approach to enforcement and increasing the transparency of investigations.’

Full Story

Mountford Chambers, 2nd May 2024

Source: www.mountfordchambers.com

Business backed in withholding data in subject access request response – OUT-LAW.com

Posted June 17th, 2024 in data protection, disclosure, news, telecommunications, third parties by tracey

‘A court has rejected a bid by a prominent UK businessman to force a gardening company he engaged with to disclose the identity of people given access to recordings of conversations he had with the gardening company’s owner.’

Full Story

OUT-LAW.com, 14th June 2024

Source: www.pinsentmasons.com

Are We There Yet? The Fraud Strategy and the Independent Review of Disclosure and Fraud Offences – Mountford Chambers

Posted June 13th, 2024 in chambers articles, disclosure, fraud, news by sally

‘The Independent Review into disclosure and fraud offences promised as part of the government’s May 2023 Fraud Strategy has now published its preliminary findings in the disclosure aspect of the investigation.’

Full Story

Mountford Chambers, 29th May 2024

Source: www.mountfordchambers.com

First judgment in a judicial review claim concerning the Disguised Remuneration Repayment Scheme 2020 – Devereux Chambers

‘The High Court (Mrs Justice Dias) has handed down its first judgment concerning the Disguised Remuneration Repayment Scheme 2020 (DRRS), and in particular the proper interpretation of the requirement for “reasonable disclosure”. The Claimant, Sensor Solutions Ltd, challenged a decision of HMRC not to make payments to the Claimant under the DRRS.’

Full Story

Devereux Chambers, 15th May 2024

Source: www.devereuxchambers.co.uk

Grindr goes to Court (Part II): Individuals’ HIV Status and the Right to Private Life – Oxford Human Rights Hub

‘Part I of this blog examined the protection of an individual’s HIV status under the UK’s data protection regime in the context of ongoing litigation against Grindr. Part II examines the human rights implications of the disclosure of individuals’ HIV status to third parties in the European human rights context.’

Full Story

Oxford Human Rights Hub, 5th June 2024

Source: ohrh.law.ox.ac.uk

Grindr goes to Court (Part I): UK Data Protection Law and the Disclosure of Individuals’ HIV Status – Oxford Human Rights Hub

‘A case brought in April 2024 before the High Court of England and Wales alleges that Grindr shared sensitive information, including users’ HIV status, with third parties for commercial purposes in breach of the UK’s data protection regime. Grindr is an LGBT+ social networking and dating app with a reputation for facilitating casual sexual encounters between gay men. On their profiles, Grindr users are able to share personal health information, including their HIV status. Sharing such information before sexual intercourse is important since, in England and Wales, the transmission of a sexually-transmitted infection, such as HIV, when a sexual partner did not consent to the risk of infection can be prosecuted under the Offences Against the Person Act 1861 (see section 71 of the Domestic Abuse Act 2021).’

Full Story

Oxford Human Rights Hub, 4th June 2024

Source: ohrh.law.ox.ac.uk

Data, disclosure and duties: balancing privacy and safeguarding in the context of UK university student sexual misconduct complaints – Legal Studies

‘The past decade has seen a marked shift in the regulatory landscape of UK higher education. Institutions are increasingly assuming responsibility for preventing campus sexual misconduct, and are responding to its occurrence through – amongst other things – codes of (mis)conduct, consent and/or active bystander training, and improved safety and security measures. They are also required to support victim-survivors in continuing with their education, and to implement fair and robust procedures through which complaints of sexual misconduct are investigated, with sanctions available that respond proportionately to the seriousness of the behaviour and its harms. This paper examines the challenges and prospects for the success of university disciplinary processes for sexual misconduct. It focuses in particular on how to balance the potentially conflicting rights to privacy held by reporting and responding parties within proceedings, while respecting parties’ rights to equality of access to education, protection from degrading treatment, due process, and the interests of the wider campus community. More specifically, we explore three key moments where private data is engaged: (1) in the fact and details of the complaint itself; (2) in information about the parties or circumstances of the complaint that arise during the process of an investigation and/or resultant university disciplinary process; and (3) in the retention and disclosure (to reporting parties or the university community) of information regarding the outcomes of, and sanctions applied as part of, a disciplinary process. We consider whether current data protection processes – and their interpretation – are compatible with trauma-informed practice and a wider commitment to safety, equality and dignity, and reflect on the ramifications for all parties where that balance between rights or interests is not struck.’

Full Story

Legal Studies, 3rd May 2024

Source: www.cambridge.org

Disclosure in procurement disputes- Local Government Lawyer

Posted May 7th, 2024 in disclosure, news, public procurement by tracey

‘A recent judgment has significant implications for public procurement and the disclosure of documents in English law, writes Cheye Waithe.’

Full Story

Local Government Lawyer, 3rd May 2024

Source: www.localgovernmentlawyer.co.uk

Neurodivergent lawyers let down across legal sector, finds survey – Law Society’s Gazette

‘More than three-quarters of neurodivergent lawyers have not disclosed their condition to employers to avoid discrimination, a survey has found.’

Full Story

Law Society's Gazette, 3rd May 2024

Source: www.lawgazette.co.uk

Applications determined in the NOx emissions group litigation (Various Claimants v Mercedes-Benz Group AG and others) – Gatehouse Chambers

‘Dispute Resolution analysis: The Managing Judges of the large GLO NOx emissions litigation have dismissed applications seeking the protection of documents used in open Court from use for collateral purposes and for information about the funding arrangements which the Claimants have in place in contemplation of a security for costs application.’

Full Story

Gatehouse Chambers, 9th April 2024

Source: gatehouselaw.co.uk