Global whistleblower protection laws: a comprehensive guide to legal requirements – OUT-LAW.com

Posted September 14th, 2023 in disclosure, EC law, foreign jurisdictions, news, whistleblowers by tracey

‘Whistleblowing complaints are growing in frequency all over the world and in all kinds of organisations.’

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OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

Tribunal rejects MoJ’s ‘elaborate’ reason for refusing FOI request – Law Society’s Gazette

The first-tier tribunal has overturned a ruling that the Ministry of Justice was entitled to turn down freedom of information requests relating to cleaners’ pay.’

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Law Society's Gazette, 8th September 2023

Source: www.lawgazette.co.uk

Research Briefing: Whistleblowing and gagging clauses – House of Commons Library

Posted September 1st, 2023 in disclosure, employment, news, parliament, professional conduct, whistleblowers by sally

‘This briefing covers legal protections for workers who whistleblow at work, as well as attempts to silence workers using settlement agreements.’

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House of Commons Library, 31st August 2023

Source: commonslibrary.parliament.uk

Fordham’s Ten Principles of the Duty of Candour in Judicial Review – Essex CAJI

Posted August 17th, 2023 in disclosure, equality, judicial review, news, police, remuneration by sally

‘The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations of all the facts relevant to the issue under review. The duty of candour is a common law duty. It has been helpfully summarised in several guides, including the Treasury Solicitor Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings (2010), which acts as practical guidance to government departments and lawyers, and the Administrative Court Judicial Review Guide 2022. What will be required of parties to meet their duty of candour is highly context sensitive. Public law litigants must, at each stage of proceedings, be aware of the information and documents which might be relevant. In many judicial reviews, say those that involve a challenge to an administrative decision made against an individual claimant, for which there is a clear and concise paper trail, compliance with the duty of candour will usually be straightforward. Candid disclosure is, however, a thornier task in complex judicial reviews, such as policy or systemic challenges, where there might be extensive and sensitive documents to potentially consider, sometimes stretching across multiple government departments.’

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Essex CAJI, 16th August 2023

Source: essexcaji.org

Beware misusing personal data – Local Government Lawyer

Posted August 14th, 2023 in damages, data protection, disclosure, fraud, housing, local government, news by tracey

‘A claimant recently won a High Court damages claim against a London borough for misuse of personal data, with the council ordered to pay £6,000 in damages. Ibrahim Hasan explains why.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

The 10 commandments? The 10 principles of the duty of candour – Local Government Lawyer

Posted August 14th, 2023 in codes of practice, disclosure, judicial review, local government, news by tracey

‘Colin Ricciardiello and Jonathan Blunden analyse the latest ruling on the duty of candour in judicial review proceedings.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

‘Drunk’ gambler must honour £590,000 cheque, judge rules – Law Society’s Gazette

Posted August 8th, 2023 in alcohol abuse, cheques, debts, disclosure, gambling, news by tracey

‘Mayfair casino Aspinall’s has succeeded in a claim against a high rolling gambler who maintained that his £590,000 losses were unenforceable because he had been drunk when he placed his bets. In Aspinall’s Club Ltd v Lester Hui, Mr Justice Cotter lamented that the 10-day hearing had been “beset with difficulties” including unsatisfactory disclosure and a trial bundle containing “well over 1,500 pages”.’

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Law Society's Gazette, 8th August 2023

Source: www.lawgazette.co.uk

High Court removes privilege in fraud claim involving top law firm – Legal Futures

Posted August 2nd, 2023 in disclosure, documents, fraud, insolvency, law firms, legal profession, news, privilege by sally

‘Legal professional privilege should not apply in a case where there is a “very good arguable case” that a client used global firm DLA Piper’s services to assist a fraud, the High Court has ruled.’

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Legal Futures, 2nd August 2023

Source: www.legalfutures.co.uk

Covid, the Cabinet and a tussle over disclosure: R (Cabinet Office) v The Chair of the UK Covid-19 Inquiry – UK Human Rights Blog

‘In a decision that may come as little surprise to those working in the fields of inquiries and public law, the Divisional Court consisting of Dingemans LJ and Garnham J dismissed the Cabinet Office’s application for judicial review of a notice issued by Baroness Hallett, the Chair of the UK Covid-19 Inquiry (“the Inquiry”) requesting the production of WhatsApp messages.’

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UK Human Rights Blog, 26th July 2023

Source: ukhumanrightsblog.com

HMRC barred from proceedings for failing to meet disclosure obligations – OUT-LAW.com

Posted July 27th, 2023 in disclosure, fraud, HM Revenue & Customs, news, tax evasion, tribunals, VAT by sally

‘The First-tier Tax Tribunal has barred HM Revenue & Customs from taking any further part in proceedings against a taxpayer, Ebuyer (UK) Limited (Ebuyer), because of its failures to comply with directions – an “unless order” – issued by the tribunal.’

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OUT-LAW.com, 25th July 2023

Source: www.pinsentmasons.com

Legal aid JR to be heard in run-up to Christmas – Law Society’s Gazette

‘A judicial review of the lord chancellor’s decision not to raise criminal legal aid fees for solicitors by the minimum 15% recommended by a government-commissioned review will be heard in the weeks leading up to Christmas, the Gazette has learned.’

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Law Society's Gazette, 24th July 2023

Source: www.lawgazette.co.uk

NHS trust accused of cover-up is refusing to release report into deaths – The Guardian

‘An ambulance trust accused of hiding information from a coroner about patients that died is keeping a damning internal report about the deaths secret, the Guardian can reveal. A consultant paramedic implicated in the alleged cover-ups continues to be involved in decisions to keep the report from the public.’

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The Guardian, 24th July 2023

Source: www.theguardian.com

Lobbying rules to be tightened in long-awaited response to Greensill scandal – The Guardian

Posted July 21st, 2023 in disclosure, government departments, lobbying, news, parliament by tracey

‘Lobbying rules will be toughened up across Whitehall in a long-awaited response by ministers to issues raised by the Greensill scandal, the Guardian has learned.’

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The Guardian, 20th July 2023

Source: www.theguardian.com

Post Office Inquiry: jail threat over disclosure failures – Law Society’s Gazette

Posted July 18th, 2023 in disclosure, imprisonment, inquiries, news, postal service by tracey

‘Disclosure requests from the Post Office Inquiry will carry the express threat of criminal sanctions if responses are not good enough. Inquiry chair Sir Wyn Williams has given further directions following a catalogue of disclosure failings by the Post Office which caused proceedings to be postponed for three weeks this month.’

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Law Society's Gazette, 17th July 2023

Source: www.lawgazette.co.uk

Court orders ministers to hand Boris Johnson’s WhatsApps to Covid inquiry – The Guardian

‘Ministers have been ordered to hand over an unredacted cache of documents including Boris Johnson’s WhatsApp messages, notebooks and diaries to the Covid inquiry after losing a legal challenge.’

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The Guardian, 6th July 2023

Source: www.theguardian.com

Man who befriended UK families jailed after failing to reveal rape conviction – The Guardian

‘A 71-year-old man convicted of raping an orphaned boy in Albania has been jailed in the UK for befriending families and children without telling them of his past.’

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The Guardian, 4th July 2023

Source: www.theguardian.com

Whistleblowing protection as a key consideration of investigations best practice – Kingsley Napley

Posted June 29th, 2023 in disclosure, EC law, news, public interest, whistleblowers by sally

‘When an individual blows the whistle on suspected malpractice or wrongdoing in the workplace, this can lead to an internal investigation. A huge range of issues can be raised by whistle-blowers, and how the whistle-blower’s own rights are dealt with is a crucial consideration when scoping an investigation. Following on from World Whistle-blowers’ Day on 23 June, Emmanuelle Ries and Caroline Day provide a whistle stop tour of the key features of whistleblowing protection in the UK and in Europe.’

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Kinglsey Napley, 28th June 2023

Source: www.kingsleynapley.co.uk

English court rejects arbitrator bias challenge on account of tactical delay – OUT-LAW.com

Posted June 7th, 2023 in arbitration, bias, delay, disclosure, news by sally

‘Parties to an arbitration who become aware of potential grounds to challenge an arbitration award during the arbitral proceedings must raise grounds before the tribunal or a court as soon as possible to avoid losing the opportunity to do so, experts have warned, following a recent ruling of the English High Court.’

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OUT-LAW.com, 2nd June 2023

Source: www.pinsentmasons.com

SDT refused to disclose witness statements in sexual misconduct case – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) refused to disclose the witness statements of three young women who gave evidence of sexual misconduct by City lawyer Oliver Bretherton to journalists, it has emerged.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

Battle of the brands continues as Lidl seeks disclosure – Law Society’s Gazette

‘Tesco has undervalued the damage it did to the Lidl brand by its use of a blue and yellow logo to promote prices promotions, the High Court heard yesterday.’

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Law Society's Gazette, 23rd May 2023

Source: www.lawgazette.co.uk