Reform of disclosure management following R v Mouncher (Lynette White) – Crown Prosecution Service

Posted July 18th, 2013 in case management, disclosure, prosecutions, reports by tracey

“The Director of Public Prosecutions, Keir Starmer QC, has today published the full report by Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI), undertaken at his request, into disclosure issues that arose in the case of R v Mouncher and others.”

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Crown Prosecution Service, 16th July 2013

Source: www.cps.gov.uk

Home Office asks Supreme Court to make landmark privacy ruling – The Independent

“Government lawyers want to overturn decision that criminal records vetting system breaches human rights.”

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The Independent, 14th July 2013

Source: www.independent.co.uk

Cardiff Three police corruption case collapsed ‘due to disclosure failures’ – The Guardian

“Prosecutors and police were overwhelmed by more than 1 million pages of evidence during the trial of eight former South Wales police officers that eventually collapsed, the Crown Prosecution Service has said.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Anonymity: publication and open justice – Panopticon

“The tension between transparency and individual privacy is part of what makes information rights such a fascinating and important area. When it comes to high-public interest issues involving particular individuals, prevailing wisdom has tended to be something like this: say as much as possible on an open basis, but redact and anonymise so as to protect the identity of the individuals involved. Increasingly, however, transparency is outmuscling privacy. See for example my post about the Tribunal’s order of disclosure, in the FOIA context, of the details of the compensation package of a Chief Executive of an NHS Trust (the case of Dicker v IC (EA/2012/0250).”

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Panopticon, 11th July 2013

Source: www.panopticonblog.com

The Prince Charles veto: JR fails due to availability of JR – Panopticon

“As Chris Knight reported this morning, judgment has been handed down in R (Evans) v HM Attorney General [2013] EWHC 1960 (Admin). The Upper Tribunal had ordered disclosure of certain correspondence between Prince Charles and government ministers (termed ‘advocacy correspondence’). The government – the Attorney General specifically – exercised the power of veto under section 53 of FOIA. The requester, Guardian journalist Rob Evans, brought judicial review proceedings. The Administrative Court dismissed his claim.”

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Panopticon, 10th July 2013

Source: www.panopticonblog.com

So we cannot see Prince Charles’ advocacy letters after all – UK Human Rights Blog

“As we all know, the Prince of Wales has his own opinions. And he has shared those opinions with various government departments. Our claimant, a Guardian journalist, thought it would be interesting and important for the rest of us to see those opinions. So he made a request under the Freedom of Information Act and the Environmental Information Regulations to see these documents.”

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UK Human Rights Blog, 9th July 2013

Source: www.ukhumanrightsblog.com

Decision to block Prince Charles’s letters upheld – BBC News

“The attorney general’s decision to block public disclosure of letters the Prince of Wales wrote to ministers has been upheld by the High Court.”

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BBC News, 9th July 2013

Source: www.bbc.co.uk

Two Upper Tribunal decisions – Panopticon

“The Upper Tribunal has handed down two decisions on Iraq and section 27 FOIA, which raise some interesting procedural points – FCO v Information Commissioner and Plowden GIA/2474/2012 and Cabinet Office and Information Commissioner v Muttitt GIA/0957/2012.”

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Panopticon, 2nd July 2013

Source: www.panopticonblog.com

Court to decide if Graham Ovenden’s sentence was too lenient – The Guardian

“An internationally renowned artist who walked free from court despite being convicted of a string of sexual offences against child models is to have his sentence reviewed by the appeal court.”

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The Guardian, 2nd July 2013

Source: www.guardian.co.uk

Name firms accused of hacking within 14 days, MPs tell police – The Independent

Posted July 3rd, 2013 in disclosure, interception, news, private investigators, time limits by sally

“The Serious Organised Crime Agency has refused to name the blue-chip companies it knows commissioned corrupt private investigators to break the law – but was immediately ordered to do so within 14 days by a committee of MPs.”

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The Independent, 2nd July 2013

Source: www.independent.co.uk

ICO considers enforcement action over disclosure of ‘hidden’ personal data in FOI responses – OUT-LAW.com

“The Information Commissioner’s Office (ICO) has warned public sector bodies that they face being fined for breaching data protection laws if they disclose “hidden” personal information in their responses to freedom of information (FOI) requests.”

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OUT-LAW.com, 1st July 2013

Source: www.out-law.com

Regina v Austin (Herbert) – WLR Daily

Regina v Austin (Herbert): [2013] EWCA Crim 1028;   [2013] WLR (D)  257

“It was the Crown’s responsibility to carry out the duties of disclosure. Judicial involvement could only properly be triggered by an application under the Criminal Procedure and Investigations Act 1996 by the prosecutor or by the defence. There was no provision for a trial judge to superintend the decisions of disclosure made by the prosecution on his own motion by inspecting unused material himself.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Jeremy Forrest case: Twitter users could have broken the law – The Guardian

Posted June 26th, 2013 in anonymity, disclosure, internet, news, prosecutions, sexual offences, victims by sally

“Police are looking at tweets sent following the conviction of Jeremy Forrest to see whether those who identified his victim have broken the law.”

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The Guardian, 26th June 2013

Source: www.guardian.co.uk

Sacking GP from government drugs advisor post for ‘anti-gay’ views was lawful – UK Human Rights Blog

“Dr Hans-Christian Raabe lost his judicial review challenge to the revocation of his appointment as the GP member of the Government’s Advisory Council on the Misuse of Drugs (ACMD). His appointment was revoked less than a month after he had accepted an offer to join the ACMD, as a result of certain views about homosexuality expressed in a paper he had co-written in Canada some 6 years earlier.”

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UK Human Rights Blog, 25th June 2013

Source: www.ukhumanrightsblog.com

Payday loan ad banned for ‘£1,000 night out’ offer – Daily Telegraph

Posted June 19th, 2013 in advertising, complaints, disclosure, loans, news, telecommunications by sally

“The Advertising Standards Authority has banned a payday lender for sending text messages that encouraged people to borrow £1,000 for a night out.”

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Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

Lessons from eBay, cases without hearings and a divided profession: Neuberger assesses the law – Litigation Futures

“The court system ‘may well have something to learn from online dispute resolution on eBay and elsewhere’, the president of the Supreme Court has suggested.”

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Litigation Futures, 19th June 2013

Source: www.litigationfutures.com

Private enforcement: the Commission speaks at last – Competition Bulletin from Blackstone Chambers

“The trio of documents published by the Commission last week mark an important moment in private competition enforcement in the EU. After years of debate and consultation, it is now clear that, whilst the Commission is determined to take some important steps to assist claimants in private actions, it is not prepared to bring about the sorts of fundamental changes which would be needed to realise the full potential of private enforcement.”

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Competition Bulletin from Blackstone Chambers, 15th June 2013

Source: www.competitionbulletin.com

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others – WLR Daily

Posted June 13th, 2013 in civil procedure rules, disclosure, law reports, liquidators, time limits by sally

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others [2013] EWHC 1562 (Ch); [2013] WLR (D) 225

“The court must exercise its discretion when considering an application for an extension of time for compliance with a deadline stipulated in a court order by simply having regard to the overriding objective of the court to deal with cases justly pursuant to CPR r 1.1(1), notwithstanding that CPR r 1.1(2) had been amended to include the enforcement of compliance with court orders.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Police to reveal details of partners’ pasts to tackle domestic violence – The Guardian

Posted June 13th, 2013 in disclosure, domestic violence, homicide, news, police, reports by sally

“Women will be passed information about the past of a violent partner in an initiative being considered by a police force where nine people have died in domestic violence homicides in four years.”

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The Guardian, 13th June 2013

Source: www.guardian.co.uk

Finance and Divorce update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in May.”

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Family Law Week, 7th June 2013

Source: www.familylawweek.co.uk