Category: disclosure

Identifiability and the Unmotivated Intruder – Panopticon

Posted August 6th, 2018 in disclosure, freedom of information, identification, news, statistics by sally

‘It is not uncommon for public authorities who hold statistical data to decline to disclose specific figures in categories for which the number is fewer than five, on the basis of a fear that the number of affected people is sufficiently small that they are reasonably identifiable. In other words, they rely on section 40(2) FOIA to withhold the number.That approach has now been considered by the Upper Tribunal in Information Commissioner v Miller [2018] UKUT 229 (AAC). That case concerned a request to (what is now) MHCLG for their information supplied by local authorities on a range of homelessness statistics. In relation to parts of the dataset which related to five or fewer individuals, section 40(2) was relied on. The FTT disagreed in a decision on the papers and the ICO appealed.’

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Panopticon, 3rd August 2018

Source: panopticonblog.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

Posted August 2nd, 2018 in appeals, criminal records, disclosure, news, police, proportionality, Supreme Court, taxis by tracey

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

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UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com

Are the parameters of professional privilege about to be redefined? – Family Law

Posted August 2nd, 2018 in disclosure, documents, news, privilege by tracey

‘Family analysis: Sarah Bazaraa, senior associate at Pannone Corporate LLP, looks at the unusual facts in Bruzas v Saxton [2018] EWHC 1619 (Fam), [2018] All ER (D) 160 (Jun) and considers whether the issues raised in the case may redefine the boundaries of legal professional privilege.’

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Family Law, 1st August 2018

Source: www.familylaw.co.uk

Rule committee signs off disclosure pilot rules – Litigation Futures

Posted August 1st, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts.’

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Litigation Futures, 1st August 2018

Source: www.litigationfutures.com

Home Office misled court about treatment of child refugees from Calais, judges find – The Guardian

Posted August 1st, 2018 in children, disclosure, duty of candour, families, government departments, immigration, news, reasons, refugees by sally

‘The government “materially misled” the high court about its treatment of child refugees who applied for safe passage to the UK from Calais, giving incomplete evidence that was “a serious breach of the duty of candour and cooperation”, the court of appeal ruled on Tuesday.’

Full Story

The Guardian, 31st July 2018

Source: www.theguardian.com

Man freed on first day of acid attack trial in Liverpool – The Guardian

Posted August 1st, 2018 in Crown Prosecution Service, disclosure, evidence, hazardous substances, news, prosecutions by sally

‘A judge has called on the Crown Prosecution Service to expand its review of disclosure failures after a man spent six months in prison accused of carrying out an acid attack only to be freed on the first day of his trial.’

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The Guardian, 21st July 2018

Source: www.theguardian.com

Changes Proposed to Code for Crown Prosecutors to drive improvements in disclosure – Crown Prosecution Service

Posted July 24th, 2018 in codes of practice, Crown Prosecution Service, disclosure, evidence, press releases, telecommunications by tracey

‘Making sure clearer, earlier information about mobile phone evidence is available before a suspect is charged with a crime is part of a raft of proposed changes announced by the Director of Public Prosecutions today. This will include mobile phone messages sent by suspects and accusers in cases where the parties are known to each other.’

Full press release

Crown Prosecution Service, 23rd July 2018

Source: www.cps.gov.uk

Offshore owners of British property to be forced to reveal names – The Guardian

Posted July 24th, 2018 in bills, disclosure, money laundering, news by tracey

‘Offshore owners of British property will be forced to reveal their true identities or face jail sentences and unlimited fines under draft laws that aim to end the UK’s reputation as a high-risk jurisdiction for money laundering.’

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The Guardian, 23rd July 2018

Source: www.theguardian.com

Statement following the publication of the Justice Select Committee report on Disclosure – Crown Prosecution Service

Posted July 20th, 2018 in criminal procedure, Crown Prosecution Service, disclosure, police, press releases, reports, select committees by tracey

‘The Crown Prosecution Service and the National Police Chiefs Council have today (20 July) issued a joint response into the Justice Select Committee Report over Disclosure of evidence in criminal cases.’

Full press release

Crown Prosecution Service, 20th July 2018

Source: www.cps.gov.uk

Director of public prosecutions criticised for ‘insufficient leadership’ over failings that saw evidence withheld from defence lawyers – The Independent

Posted July 20th, 2018 in Crown Prosecution Service, disclosure, evidence, news by tracey

‘Weak leadership by the director of public prosecutions failed to tackle failings that led to innocent people to be wrongly imprisoned, MPs have found.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

UK government launches consultation on open justice – OUT-LAW.com

Posted July 17th, 2018 in civil justice, civil procedure rules, consultations, disclosure, injunctions, news by tracey

‘The UK government is seeking to clarify the rules governing when litigation should be heard in private, in a bid to safeguard the principles of open justice.’

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OUT-LAW.com, 16th July 2018

Source: www.out-law.com

Lawyers could be forced to share notes of hearings with litigants in person – Litigation Futures

Posted July 17th, 2018 in civil procedure rules, consultations, disclosure, litigants in person, news by tracey

‘A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice (MoJ). Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.’

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Litigation Futures, 17th July 2018

Source: www.litigationfutures.com

Achieving sea-change: criminal disclosure failures – Counsel

Posted July 16th, 2018 in Crown Prosecution Service, disclosure, news, prosecutions, reports by tracey

‘Too little, too late? As the CPS publishes its disclosure review, Narita Bahra and Fiona Robertson assess whether its assurances and safeguards can possibly achieve the pledged sea change.’

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Counsel, July 2018

Source: www.counselmagazine.co.uk

Police and prosecution lawyers fail to correctly disclose evidence in nearly half of cases, watchdog says – Daily Telegraph

Posted July 13th, 2018 in disclosure, evidence, news, police, reports by tracey

‘Police and prosecution lawyers are failing to correctly disclose evidence in nearly half of court cases, watchdog review has found.’

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Daily Telegraph, 12th July 2018

Source: www.telegraph.co.uk

Pay defence practitioners earlier to improve disclosure – attorney general – Law Society’s Gazette

Posted July 10th, 2018 in attorney general, barristers, crime, disclosure, legal aid, news, remuneration, select committees by sally

‘Redesigning the legal aid system to pay defence practitioners earlier in a case could help to tackle long-standing disclosure challenges, the attorney general has told MPs.’

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Law Society's Gazette, 9th July 2018

Source: www.lawgazette.co.uk

Mixed Data in the Court of Appeal – Panopticon

Posted July 2nd, 2018 in data protection, disclosure, medical records, news by sally

‘Hot off (Thursday’s) press comes the CA judgment in DB v GMC [2018] EWCA Civ 1497, which will now be the leading case on the treatment of mixed personal data.’

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Panopticon, 2nd July 2018

Source: panopticonblog.com

Government policy forced 190 women to prove they were raped in order to get child benefits, figures show – The Independent

Posted June 29th, 2018 in benefits, children, disclosure, news, rape, tax credits by tracey

‘Scores of women have been forced to prove they were raped in order to get benefits under a new government policy, official figures show. In total, 190 women had to prove their child was conceived as a result of rape in order to receive financial support in the year after the two-child policy was introduced in April 2017.’

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The Independent, 28th June 2018

Source: www.independent.co.uk

Court of Appeal overturns costs penalty imposed on claimant who gave dishonest evidence – Litigation Futures

Posted June 28th, 2018 in appeals, costs, disclosure, news, personal injuries by sally

‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’

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Litigation Futures, 26th June 2018

Source: www.litigationfutures.com

Court of Appeal overturns costs penalty imposed on claimant who gave dishonest evidence – Litigation Futures

Posted June 27th, 2018 in costs, disclosure, evidence, news, part 36 offers, penalties by tracey

‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 26th June 2018

Source: www.litigationfutures.com

£2.4m spent on House of Commons gagging clauses – BBC News

Posted June 22nd, 2018 in bullying, confidentiality, disclosure, news, non-disclosure agreements, parliament by tracey

‘The House of Commons spent £2.4m on “gagging clauses” for former staff since 2013, BBC Newsnight has learned. Fifty-three departing members of the House of Commons Service signed contracts compelling them not to reveal information about the Commons.’

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BBC News, 22nd June 2018

Source: www.bbc.co.uk