Category: disclosure

Enhanced Disclosure in Sport – Sports Law Bulletin from Blackstone Chambers

Posted June 5th, 2013 in children, criminal records, disclosure, news, sport, teachers by sally

“Sports regulatory bodies and sports clubs must generally obtain enhanced disclosure of coaches and other persons who are responsible for supervising and working with children (now called Enhanced Disclosure and Barring Service Checks). They often have to take action based on that information, and always have to assess the relevance and importance of that information. A number of cases relating to enhanced disclosure have now been decided by the Administrative Court and a body of law is developing which will help to inform sporting bodies about how to treat such information.”

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Sports Law Bulletin from Blackstone Chambers, 5th June 2013

Source: www.sportslawbulletin.org

Let’s be frank: The decision in MN and KN v London Borough of Hackney – Hardwicke Chambers

Posted June 3rd, 2013 in children, disclosure, homelessness, human rights, local government, news by sally

“Sleeping rough on the streets of London is not an appealing prospect. It is all the more unappealing for anyone with two young children in the grip of an unseasonably cold winter. It was in order to avoid this fate that, in January 2012, the parents of MN and KN (the claimants in this case) approached their local authority, the London Borough of Hackney, and asked for assistance.”

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Hardwicke Chambers, 24th May 2013

Source: www.hardwicke.co.uk

Companies will not be forced to publish results of equal pay audits, says Government – OUT-LAW.com

Posted May 28th, 2013 in company law, data protection, disclosure, equal pay, news, publishing, reports by sally

“Companies that are required to undertake equal pay audits would not be required to make the results of those audits public, the Government has proposed.”

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OUT-LAW.com, 28th May 2013

Source: www.out-law.com

Closed material and closed proceedings in FOIA litigation: authoritative guidance from the Upper Tribunal – Panopticon

Posted May 22nd, 2013 in appeals, closed material, disclosure, freedom of information, news, tribunals by sally

“Closed material and closed proceedings are commonplace in FOIA litigation. As regards the disputed information itself, the need is self-explanatory. But what about closed material other than the disputed information, such as evidence in support of a public authority’s reliance on exemptions? To what extent is it appropriate for FOIA proceedings to be determined by reference to such material which the requester is unable to see and challenge? Also, if the public authority’s concern is with public disclosure of such material, is the solution to be found in a readiness to bring the requester’s legal representatives into a ‘confidentiality ring’? In other words, do natural and open justice demand that requesters’ legal representatives be allowed to attend the closed part of the hearing and see the closed material?”

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Panopticon, 22nd May 2013

Source: www.panopticonblog.com

Army sniper gets £100k after MoD blew his cover – Daily Telegraph

Posted May 22nd, 2013 in anonymity, armed forces, compensation, data protection, disclosure, news, privacy by sally

“An Army sniper has been paid £100,000 in compensation after being driven into hiding when Ministry of Defence officials blew his cover.”

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Daily Telegraph, 22nd May 2013

Source: www.telegraph.co.uk

Worcester child killer David McGreavy anonymity waived – BBC News

Posted May 22nd, 2013 in anonymity, disclosure, murder, news, parole, prisons by sally

“The High Court has overturned an order granting anonymity to a man who murdered three children in Worcester.”

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BBC News, 22nd May 2013

Source: www.bbc.co.uk

UK Uncut loses: Taxman’s Goldman Sachs deal “not a glorious episode”, but lawful – UK Human Rights Blog

Posted May 22nd, 2013 in disclosure, HM Revenue & Customs, maladministration, mistake, news, tax avoidance, whistleblowers by sally

“Tax avoidance has hit the news again, with Apple currently facing questions from the US Senate about its exploitation of Irish company law loopholes and David Cameron writing to offshore tax havens to push for more transparency over tax rules. As it happens, the High Court has just handed down a ruling in a case which raises many of the same issues.”

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UK Human Rights Blog, 22nd May 2013

Source: www.ukhumanrightsblog.com

Disarray as DPP contradicts new guidance on naming of suspects – The Independent

Posted May 22nd, 2013 in anonymity, Crown Prosecution Service, disclosure, freedom of expression, human rights, media, news, police, privacy by sally

“Controversial plans to protect the identity of suspects arrested by police were in disarray last night after the Director of Public Prosecutions called for more ‘wriggle room’ to name suspects before they were charged.”

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The Independent, 21st May 2013

Source: www.independent.co.uk

Workfare placements must be made public, tribunal rules – The Guardian

Posted May 20th, 2013 in benefits, disclosure, employment, government departments, news, public interest, tribunals by sally

“The Department for Work and Pensions has lost a major court battle to keep the locations of thousands of workfare placements secret.”

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The Guardian, 19th May 2013

Source: www.guardian.co.uk

Fair inquest for Litvinenko impossible, judge warns – The Independent

Posted May 20th, 2013 in closed material, disclosure, evidence, inquests, intelligence services, news, Russia by sally

“Hearing in danger of collapse after British Government’s accused of evidence cover-up.”

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The Independent, 17th May 2013

Source: www.independent.co.uk

Attorney General ‘wrong to overrule judges who ordered Government to publish letters Prince Charles wrote to ministers’ – The Independent

Posted May 9th, 2013 in appeals, attorney general, disclosure, documents, freedom of information, news, royal family by tracey

“The Attorney General Dominic Grieve got the law wrong when he overruled judges who ordered the government to publish letters Prince Charles wrote to ministers, a court heard today.”

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The Independent, 8th May 2013

Source: www.independent.co.uk

EIR: when is information ‘held’? – Panopticon

Posted May 8th, 2013 in climate change, disclosure, electronic mail, freedom of information, news, tribunals, universities by sally

“One of the issues which commonly arises for information law practitioners is the question, which arises under both FOIA and the EIR, of whether a public authority actually holds the information which has been requested. The leading case on section 1(1) FOIA is University of Newcastle v IC & British Union for the Abolition of Vivisection [2011] UKUT 185 (AAC), [2011] 2 Info LR 54 and substantially the same approach has been adopted in, for example, Keiller v IC and University of East Anglia [2012] 1 Info LR 128 and Clyne v IC & London Borough of Lambeth [2012] 2 Info LR 24 in relation to regulation 3(2) EIR. What is required is a common-sense and non-technical approach. That, of course, is easier stated than applied.”

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Panopticon, 7th May 2013

Source: www.panopticonblog.com

Jackson Masterclass: The new regime – New Law Journal

Posted May 7th, 2013 in civil procedure rules, disclosure, news, proportionality by sally

“It is understandable that so much attention has been directed at the recent costs and funding changes. However, the reach of Jackson is far greater. Any step or process has an inevitable cost attached to it and now is the time to look at how the disclosure process will change under the new regime.”

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New Law Journal, 2nd May 2013

Source: www.newlawjournal.co.uk

Teachers accused: 4 recent cases – Education Law Blog

Posted May 3rd, 2013 in appeals, Christianity, criminal records, disclosure, negligence, news, personal injuries, teachers by tracey

“The following 4 recent cases all share the broad theme of claims or accusations against teachers.”

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Education Law Blog, 1st May 2013

Source: www.education11kbw.com

Article 8 and enhanced criminal record certificates –

Posted May 1st, 2013 in criminal records, disclosure, human rights, news, police, teachers by sally

“There have been a number of Panopticon posts about the lawfulness of disclosures in enhanced criminal record certificates. The latest decision is that of Mr Justice Stuart-Smith in R (L) v Chief Constable of Cumbria Constabulary [2013] EWHC 869 (Admin).”

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Panopticon, 30th April 2013

Source: www.panopticonblog.com

A brighter future? – New Law Journal

Posted April 30th, 2013 in case management, civil procedure rules, disclosure, electronic filing, news by sally

“As of 1 April 2013, standard disclosure is no longer the default provision in most multi-track cases. With disclosure often being the most expensive and time consuming part of the litigation process, this should be welcome news to litigants and solicitors alike. The recent decision in West African Gas Pipeline Company Limited v Willbros Global Holdings Inc. [2012] EWHC 396 (TCC) highlighted the significant issues encountered in the disclosure process, especially in high value claims involving e-disclosure. The new rules aim to tackle these problems by introducing stricter case management in the disclosure process.”

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New Law Journal, 26th April 2013

Source: www.newlawjournal.co.uk

MPs’ expenses: copies of receipts are subject to FOIA – Panopticon

Posted April 30th, 2013 in disclosure, documents, expenses, freedom of information, news, parliament by sally

“Following the MPs’ expenses scandal, the then newly-founded Independent Parliamentary Standards Authority (IPSA) decided that it would not routinely publish images of the receipts submitted to IPSA by MPs in support of their expenses claims. Rather, only text transcribed from the submitted receipts was to be published.”

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Panopticon, 29th April 2013

Source: www.panopticonblog.com

Chagossians: Wikileaks cables not admissible in court – UK Human Rights Blog

Posted April 29th, 2013 in Chagos Islands, disclosure, evidence, fisheries, human rights, indigenous peoples, international law, judicial review, news, public interest immunity by tracey

“Bancoult v. Foreign & Commonwealth Office, Divisional Court, Richards LJ and Mitting J, 16-24 April 2013, judgment awaited. A quick update at the end of the recent judicial review on 24 April by Mr Bancoult on behalf of the Chagossian islanders, but before judgment. The challenge was to the designation of the waters around their islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

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UK Human Rights Blog, 28th April 2013

Source: www.ukhumanrightsblog.com

Justice and Security Act 2013 – legislation.gov.uk

Posted April 26th, 2013 in disclosure, intelligence services, legislation, parliament by tracey

Full text of Act

Source: www.legislation.gov.uk

Victory for family denied cancer claim payout for father – The Guardian

Posted April 26th, 2013 in cancer, disclosure, financial services ombudsman, health, insurance, news by tracey

“The family of a man who died of cancer but whose life insurance payout was refused on the grounds that he failed to disclose pins and needles have won their fight against Friends Life, after the financial ombudsman ruled that the insurer was wrong to cancel his policy.”

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The Guardian, 26th April 2013

Source: www.guardian.co.uk