“A court could make a declaration under section 6 of the Justice and Security Act 2013 permitting a closed material application to be made to the court before a public interest immunity claim had been made or determined.”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
“An increasing number of reports are emerging of hardline decisions by district judges over non-compliance with the CPR or breach of orders and directions.”
Litigation Futures, 19th November 2013
Source: www.litigationfutures.com
“Cabinet Office resists Chilcot’s request to disclose what the allied leaders said in the escalation to war.”
The Guardian, 9th November 2013
Source: www.guardian.co.uk
“R (on the application of Ingenious Media Holdings plc and Patrick McKenna v Her Majesty’s Revenue and Customs [2013] EWHC 3258 (Admin).
Sales J has rejected an application for judicial review by Ingenious Media Holdings plc and Patrick McKenna, who complained that senior officials in HMRC had identified them in ‘off the record’ briefings.”
UK Human Rights Blog, 6th November 2013
Source: www.ukhumanrightsblog.com
“The Iraq Inquiry says it cannot proceed with the next phase of its work because key information, including correspondence between Tony Blair and George W Bush, has yet to be released.”
BBC News, 6th November 2013
Source: www.bbc.co.uk
“Never the most celebrated actor on the stage of English litigation, the French Blocking Statute nonetheless has its fans, particularly among competition lawyers. The recent decision of the Court of Appeal in Secretary of State for Health v Servier Laboratories [2013] EWCA Civ 1234, however, may prove the Statute’s final curtain call in this jurisdiction.”
Competition Bulletin from Blackstone Chambers,
Source: www.competitionbulletin.com
“Proposals for making historical police records public were announced today by the Home Office following a recommendation by the Hillsborough Independent Panel.”
Home Office, 31st October 2013
Source: www.gov.uk/home-office
“Details of who really owns and controls UK companies will be made publicly accessible, the Prime Minister announced at the Open Government Partnership summit.”
BIS and Prime Minister’s Office, 31st October 2013
Source: www.gov.uk/government/organisations/department-for-business-innovation-skills
“Professional indemnity insurance (‘PII’) cover for solicitors is notoriously forgiving to policyholders on the issue of non-disclosure.”
Hardwicke Chambers, 18th October 2013
Source: www.hardwicke.co.uk
“Footage showing the alleged execution of an injured Afghan insurgent by a British serviceman will not be released for fear it could spark revenge attacks on troops, a judge has ruled.”
The Independent, 28th October 2013
Source: www.independent.co.uk
“The Upper Tribunal has issued two decisions on information rights matters this week. Both are by Upper Tribunal Judge David Williams, and both include substantive treatments of some of the issues that arise most commonly in information rights litigation.”
Panopticon, 25th October 2013
Source: www.panopticonblog.com
“It was not mandatory for the court to make use of Council Regulation (EC) No 1206/2001 in order to obtain information or disclosure from a party to litigation from another member state, notwithstanding that compliance with an order made by the court under CPR Pt 18 or Pt 31 might expose the party to a risk of criminal prosecution in that member state.”
WLR Daily, 22nd October 2013
Source: www.iclr.co.uk
“The Court of Protection could be opened up to the public and media in the future, one of the country’s most senior judges said.”
Daily Telegraph, 17th October 2013
Source: www.telegraph.co.uk
“In ‘Evans (No. 1)’, a 2010 case concerning the transfer of suspected insurgents for questioning in certain military centres in Afghanistan, the High Court had ruled, partly in an open judgment, partly in closed proceedings, that UK transfers to NDS Kandahar and NDS Lashkar Gah could proceed without risk of ill treatment (which is contrary to UK policy), but that it would be a breach of the policy and therefore unlawful for transfers to be made to NDS Kabul. It was subsequently discovered that there had not been jurisdiction to follow a closed procedure in that case, but what was done could not be undone, so the confidentiality agreements and the closed judgment remained in force.”
UK Human Rights Blog, 16th October 2013
Source: www.ukhumanrightsblog.com
“An attempt by MasterCard to avoid a multi-billion damages claim from a dozen retailers because the monthly due diligence costs charged by its lawyers at Jones Day could be as much as £700,000 has been rejected by the High Court.”
The Lawyer, 16th October 2013
Source: www.thelawyer.com
“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact (if any) the reforms and stated ‘culture change’ have had, and are likely to have, upon those practising housing law.”
Zenith Chambers, 15th October 2013
Source: www.zenithchambers.co.uk
“The Government has reiterated its commitment to consult on introducing custodial sentences as a possible penalty for individuals who breach UK data protection laws.”
OUT-LAW.com, 11th October 2013
Source: www.out-law.com
“The ‘reasonable cause to believe’ provision in section 793 of the Companies Act 2006 operated for the purposes of all its subsections, but operated only in relation to the addressee of a notice. Questions directed to a person who had or was believed to have an interest in the company’s shares about the interests of another person had to be questions about interests in the addressee’s shares, not other shares. It was permissible to ask and receive an answer to the direct question ‘Does [the third party] have an interest?’.”
WLR Daily, 30th August 2013
Source: www.iclr.co.uk
“As I mentioned in my post last week, the case of T v Secretary of State for the Home Department, which concerns the legality of the current CRB regime, is shortly to be considered by the Supreme Court. The issue in T is whether the blanket requirement that criminal convictions and cautions must be disclosed in the context of an enhanced criminal record check (“ECRC”) undertaken for the purposes of certain types of employment (particularly employment with children or vulnerable adults), even though they are spent, is Article 8 compliant.”
Panopticon, 10th October 2013
Source: www.panopticonblog.com
“Public authorities may need to maintain a record to justify why they are unable to respond to freedom of information (FOI) requests more promptly than within 20 working days after the Information Commissioner’s Office (ICO) released new guidance.”
OUT-LAW.com, 8th October 2013
Source: www.out-law.com
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