Category: disclosure

Control of Documents – New Square Chamber

Posted April 14th, 2016 in civil procedure rules, disclosure, documents, news, subsidiary companies by sally

‘What happens when a party to proceedings refuses to give disclosure of documents held by its subsidiary? Can the parent company simply refuse to give disclosure on the basis that the subsidiary is a separate legal entity? CPR 31.8 provides that a party is obliged to give disclosure of documents in its “control.” In Ardila v ENRC [2015] EWHC 3761 (Comm) Males J sought to reconcile the competing first instance and appellate decisions on whether a parent company can be said to control the documents of its subsidiary.’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

When an unsafe structure does not trigger the landlord’s duty to repair – Hardwicke Chambers

Posted April 13th, 2016 in defective premises, disclosure, evidence, health & safety, landlord & tenant, negligence, news, planning, repairs, striking out by sally

‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’

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Hardwicke Chambers, 8th March 2016

Source: www.hardwicke.co.uk

EU court hears case on UK data retention laws – OUT-LAW.com

Posted April 13th, 2016 in appeals, bills, data protection, disclosure, EC law, human rights, intelligence services, investigatory powers, news, police, privacy, telecommunications by sally

‘The EU’s highest court will hear arguments on Tuesday concerning the validity of UK data retention laws.’

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OUT-LAW.com, 12th April 2016

Source: www.out-law.com

Vicarious liability for rogue employee’s data leak – Panopticon

Posted April 13th, 2016 in armed forces, bullying, confidentiality, data protection, disclosure, employment, media, news, privacy, vicarious liability by sally

‘Suppose confidential, private and sensitive information is sold, leaked or otherwise wrongly disclosed by a rogue employee: is the employer vicariously liable? This question is a troubling one for many an employer and data controller. A new judgment on a claim for misuse of private information sheds some light on this question – and will not be comforting for employers and data controllers. The case is Axon v Ministry of Defence [2016] EWHC 787 (QB).’

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Panopticon, 12th April 2016

Source: www.panopticonblog.com

Revealed: the loophole that lets lobbying companies keep their clients a secret – The Independent

Posted April 11th, 2016 in disclosure, lobbying, news, parliament by tracey

‘Lobbying companies working at the heart of Whitehall are exploiting loopholes in transparency legislation that allows them to avoid declaring clients who pay them thousands of pounds to help influence Government policy, The Independent can reveal.’

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The Independent, 10th April 2016

Source: www.independent.co.uk

MoJ wins privilege battle over PowerPoint slides prepared by counsel for training session – Legal Futures

Posted April 7th, 2016 in disclosure, documents, freedom of information, Ministry of Justice, news, privilege, tribunals by sally

‘PowerPoint slides prepared by external counsel for training at the Ministry of Justice were subject to legal professional privilege and did not have to be disclosed under the Freedom of Information Act, the First-Tier Tribunal (FTT) has ruled.’

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Legal Futures, 7th April 2016

Source: www.legalfutures.co.uk

Bamber appeal letters ‘ill-conceived’, say Essex Police – BBC News

Posted April 4th, 2016 in appeals, disclosure, evidence, internet, media, murder, news, police by sally

‘Police have accused a multiple murderer of “circumnavigating the formal process” of appeal by using the media and websites to fight his conviction.’

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BBC News, 2nd April 2016

Source: www.bbc.co.uk

Personal data and politicians’ names – Panopticon

Posted March 21st, 2016 in appeals, closed material, council tax, data protection, disclosure, freedom of information, human rights, local government, news, privacy, public interest, tribunals by tracey

‘Can the name of a local councillor who has defaulted on Council tax properly be withheld from disclosure under the exemption for personal data in s.40 FOIA? That was the issue for the Upper Tribunal (“UT”) in Haslam v (1) Information Commissioner (2) Bolton Council [2016] UKUT 0139 (AAC), 10 March 2016. Mr Haslam, a journalist on the Bolton News, had submitted a FOIA request to Bolton Council for disclosure of names of councillors who had received reminders for non-payment of Council tax since May 2011. The Council refused to name names, citing the exemption in s.40 FOIA. The Information Commissioner and First-Tier Tribunal (“FTT”) upheld the Council’s decision. The UT (Judge Markus QC) has now reversed the FTT’s decision, and held that the name of the individual councillor concerned should be released.’

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Panopticon, 18th March 2016

Source: www.panopticonblog.com

The snooper’s charter is flying through parliament. Don’t think it’s irrelevant to you – The Guardian

Posted March 14th, 2016 in bills, disclosure, human rights, intelligence services, interception, investigatory powers, judiciary, news, police, privacy, telecommunications, terrorism by sally

‘While the Apple v FBI row makes world headlines, people in the UK are disregarding a bill that permits hacking and gagging.’

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The Guardian, 14th March 2016

Source: www.guardian.co.uk

Finance and Divorce Update (March 2016) – Family Law Week

Posted March 7th, 2016 in appeals, charities, consent orders, costs, debts, disclosure, divorce, domestic violence, evidence, families, family courts, financial dispute resolution, financial provision, legal aid, limitations, news, prenuptial agreements, time limits, ultra vires, women by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

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Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

Big money divorce case secrecy row could trigger appeals, warns judge – Daily Telegraph

Posted February 29th, 2016 in appeals, disclosure, divorce, evidence, family courts, news, private hearings, public interest by sally

‘Disagreement between top judges over whether details of couples’ lives can be publicised “needs to be dealt with”, says Mr Justice Moor’

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Daily Telegraph, 28th February 2016

Source: www.telegraph.co.uk

Two leading genealogists clash in High Court defamation battle – Daily Telegraph

Posted February 23rd, 2016 in defamation, disclosure, documents, harassment, news by sally

‘Daniel Curran, star of Heir Hunters, has been ordered to disclose documents relating to defamatory allegations made against his rival.’

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Daily Telegraph, 23rd February 2016

Source: www.telegraph.co.uk

‘Disproportionate’ disclosure application denied in swaps mis-selling claim – Commercial Disputes Blog

Posted February 22nd, 2016 in appeals, banking, compensation, complaints, consumer protection, disciplinary procedures, disclosure, documents, financial services ombudsman, news, proportionality by sally

‘In Claverton Holdings Ltd v Barclays Bank plc, the Commercial Court rejected an application by the claimant for specific disclosure against the defendant bank. The court found that the documents sought, which related to other mis-selling allegations against the bank employees featuring in the claimant’s case, would have little probative value and adducing them would place a disproportionate burden on the defendant.’

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Commercial Disputes Blog, 16th February 2016

Source: www.rpc.co.uk

High Court dismisses judicial review challenge to HMRC’s decision to restrict the availability of the Liechtenstein disclosure facility – RPC Tax Take

Posted February 22nd, 2016 in disclosure, HM Revenue & Customs, judicial review, news, taxation by sally

‘In R (on the application of City Shoes Wholesale Ltd) v Revenue & Customs Commissioners [2016] EWHC 107 (Admin), the High Court rejected an application for judicial review of HMRC’s refusal to grant the nine claimants, all of whom had operated employee benefit trusts (EBTs), the full benefits of the Liechtenstein disclosure facility (LDF). The court dismissed the claimants’ application for judicial review on the basis that their applications were never registered and therefore they had no legitimate expectation to receive full benefit of the LDF, and there had been no abuse of power or error of law by HMRC.’

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RPC Tax Take, 18th February 2016

Source: www.rpc.co.uk

UK court approves use of predictive coding as basis for e-disclosure for the first time – OUT-LAW.com

Posted February 19th, 2016 in computer programs, costs, courts, disclosure, documents, news by sally

‘A UK court has approved for the first time the use of predictive coding as a basis for determining which electronic documents are relevant to a dispute.’

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OUT-LAW.com, 18th February 2016

Source: www.out-law.com

High Court approves use of predictive coding – Litigation Futures

Posted February 17th, 2016 in computer programs, costs, courts, disclosure, documents, news by michael

‘The High Court has approved the use of predictive coding in e-disclosure, for what is believed to be the first time in this jurisdiction.’

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Litigation Futures, 17 February 2016

Source: www.litigationfutures.com

Pursuing damages for bribery in the civil courts – OUT-LAW.com

Posted February 17th, 2016 in bribery, civil justice, damages, disclosure, fiduciary duty, fraud, news, search & seizure, Supreme Court, victims by michael

‘Under the 2010 Bribery Act, bribery is a criminal offence and companies are required to have in place adequate procedures in order to prevent those associated with them from undertaking bribery. Adequate procedures provide the company with a defence to the criminal offences set out in the Act. However, what is often overlooked is the ability of the company to pursue both the recipient of the bribe as well as the briber for its financial losses and, in some cases, damages for fraud.’

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OUT-LAW.com, 16 February 2016

Source: www.out-law.com

MPs to use Human Rights Act to claim anonymity if arrested by police – Daily Telegraph

Posted February 8th, 2016 in anonymity, disclosure, human rights, inquiries, media, news, parliament, police, privacy by tracey

‘MPs will use human rights laws this week to prevent politicians being named the House of Commons after their arrest.’

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Daily Telegraph, 7th February 2016

Source: www.telegraph.co.uk

Babbage: Court orders release of Zimbabwean foreign criminal, criticises Government lawyers – Free Movement

Posted February 3rd, 2016 in deportation, detention, disclosure, drug offences, news, passports, solicitors, Zimbabwe by sally

‘In the case of R (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 (Admin) Mr Justice Garnham ordered the release of a detained Zimbabwean foreign criminal. In the process, he was corruscating critical of the conduct of Government lawyers acting for the Secretary of State for the Home Department.’

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Free Movement, 3rd February 2016

Source: www.freemovement.org.uk

High Court ruling outlines extraordinary scale of allegations against Blavo & Co – Legal Futures

Posted February 3rd, 2016 in disclosure, fraud, law firms, legal aid, mental health, news, statistics by sally

‘A High Court judge has said there is a “strongly arguable case” that collapsed firm Blavo & Co, formerly the UK’s leading mental health practice, made “many thousands” of false legal aid claims.’

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Legal Futures, 2nd February 2016

Source: www.legalfutures.co.uk