Teacher’s human rights breached by unproven allegations disclosure – Daily Telegraph

Posted April 23rd, 2013 in criminal records, disclosure, human rights, news, police, teachers, vetting by sally

“The PE teacher has not worked for more than two years because the allegation remained on his record even though police investigated and took no action.”

Full story

Daily Telegraph, 22nd April 2013

Source: www.telegraph.co.uk

Teacher wins right to have dropped allegation removed from criminal record checks – The Independent

“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”

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The Independent, 22nd April 2013

Source: www.independent.co.uk

A tricky path – New Law Journal

“The conveyancing profession has always had to walk a difficult line in carrying out its day-to-day activities in property transactions. Not only are conveyancers required to be expert in all aspects of property related law, but they have a duty of care to everyone in the transaction (or so it seems). It can easily be the case that, despite a firm’s intentions to act in their client’s best interests, under outcomes-focused regulation, they can still be held liable for issues that arise. This responsibility, coupled with increasing regulation and compliance requirements, downward pressure on fees and on-going problems with access to lender panels, makes the conveyancing landscape more than a little challenging.”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Home Office faces legal action unless it reveals details of ‘Snooper’s charter’ – Daily Telegraph

“The Home Office is facing legal action unless it reveals key details of its so-called Snooper’s Charter.”

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Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

A history of violence: is Clare’s Law working? – The Guardian

Posted April 22nd, 2013 in criminal records, disclosure, domestic violence, murder, news, privacy by sally

“When Clare Wood was murdered by her ex-boyfriend, a scheme was set up to allow women to see details of their partner’s violent past. Six months on, Steve Boggan finds out if ‘Clare’s Law’ is working.”

Full story

The Guardian, 21st April 2013

Source: www.guardian.co.uk

Proposed reforms undermine the Rehabilitation of Offenders Act 1974 – Halsbury’s Law Exchange

Posted April 18th, 2013 in appeals, criminal records, disclosure, news, proportionality, time limits by sally

“Imagine you are a middle-aged man with a young family looking to change career to work as a primary school teacher. When you were 12 you took a chocolate bar from a shop. You learnt a salutary lesson and never repeated this isolated error of judgment. Is it right that your prospective employer should be told this? Well, whilst the Government thought your prospective employer should be forewarned, the Court of Appeal disagreed. The Court of Appeal, in R(T) & Others v Greater Manchester was critical of the ‘blanket nature’ of the current regime deeming it disproportionate in pursuance of the legitimate aim of safeguarding children and young adults. As a result of this important case, the Government has been forced to modify the disclosure regime to avoid offending Art 8; the right to private and family life.”

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Halsbury’s Law Exchange, 18th April 2013

Source: www.halsburyslawexchange.co.uk

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) – WLR Daily

Posted April 17th, 2013 in costs, disclosure, fees, law reports, personal injuries, solicitors by sally

Flatman v Germany(Law Society intervening); Weddall v Barchester Health Care Ltd (Same intervening) [2013] EWCA Civ 278; [2013] WLR (D) 138

“The funding of a client’s disbursements by a solicitor did not, without more, justify the making of an adverse costs order against that solicitor.”

WLR Daily, 10th April 2013

Source: www.iclr.co.uk

FSA was right to refuse FOI request, rules watchdog – OUT-LAW.com

Posted April 17th, 2013 in appeals, data protection, disclosure, freedom of information, news by sally

“The former City regulator, the Financial Services Authority, was right not to disclose information it held about a company it had investigated based on freedom of information (FOI) legislation carve outs, the Information Commissioner has ruled.”

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OUT-LAW.com, 16th April 2013

Source: www.out-law.com

The changing Face(book) of family law – New Law Journal

Posted April 16th, 2013 in disclosure, divorce, internet, jurisdiction, news, privacy by sally

“Research carried out by Divorce-Online in 2012 highlights the huge significance that social media now has to family law. The study found that one in three divorce petitions in the UK list Facebook as a contributing factor, with flirtatious e-mails and messages sent on the site being one of the most commonly cited examples of unreasonable behaviour. Office romances and affairs that took months or even years to develop in the real world can now happen almost instantaneously on Facebook and Twitter. People can connect and become ‘friends’ even if they have only met once or twice, and social media sites provide an easy forum for couples to inadvertently arouse the suspicions of their partners.”

Full story

New Law Journal, 12th April 2013

Source: www.newlawjournal.co.uk

Whistleblowing charity seeks evidence on effectiveness of current law – OUT-LAW.com

“The national whistleblowing charity has begun a public consultation exercise to help it establish whether the current law and legal protections are fit for purpose.”

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OUT-LAW.com, 15th April 2013

Source: www.out-law.com

Gagging orders explained – Daily Telegraph

“Almost 5,000 council workers and civil servants across Britain have been gagged, The Telegraph has learned. But what are gagging orders and how do they work?”

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Daily Telegraph, 2nd April 2013

Source: www.telegraph.co.uk

No QOCS here: A Guide to the CPR Amendments you may have missed – Zenith Chambers

“In all of the furore surrounding LASPO and the very real concerns about funding, it seems that very little attention has been paid to the significant changes to the CPR which will come into force on 1st April 2013. This is not an article about funding, legal aid, CFAs, DBAs, or even QOCS. Instead it is intended to provide an overview and guidance on the amendments being made to the CPR.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk

Jackson: lawyers welcome implementation of long-awaited reforms – The Lawyer

Posted April 2nd, 2013 in budgets, costs, disclosure, legal profession, news by sally

“Disputes lawyers across the market have broadly welcomed the Jackson Reforms, which come into force today, saying they will ease the burden created by disclosure.”

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The Lawyer, 1st April 2013

Source: www.thelawyer.com

Former prison officer jailed for Jon Venables leak – Daily Telegraph

“A former prison officer has been jailed for selling information to a newspaper
on Jon Venables, one of Jamie Bulger’s killers.”

Full story

Daily Telegraph, 27th March 2013

Source: www.telegraph.co.uk

Human Rights and Family Law Spring Update – Family Law Week

“Deirdre Fottrell, barrister of Coram Chambers, reviews recent cases involving human rights issues which are of significance to family lawyers.”

Full story

Family Law Week, 22nd March 2013

Source: www.familylawweek.co.uk

Alexander Litvinenko inquest delayed for five months – BBC News

Posted March 15th, 2013 in disclosure, documents, inquests, news, spying by tracey

“The inquest into the death of Russian spy Alexander Litvinenko in London has been delayed until 2 October. The poisoned KGB agent’s inquest was due to start on 1 May, but at a pre-inquest review coroner Sir Robert Owen said he was postponing it ‘with great reluctance.’ The UK government and Russia had been slow to release material, he said at a Royal Courts of Justice hearing.”

Full story

BBCNews, 14th March 2013

Source: www.bbc.co.uk

Disclosure of ill-treatment allegations would breach nurse’s human rights, rules High Court – UK Human Rights Blog

Posted March 12th, 2013 in disclosure, human rights, judicial review, news, nurses, proportionality, vetting by sally

“This was an application for judicial review, and a claim under the Human Rights Act 1998, in respect of the defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate dated 12th October 2012.”

Full story

UK Human Rights Blog, 12th March 2013

Source: www.ukhumanrightsblog.com

Exclusive: Chilcot Inquiry to challenge official line on Iraq – The Independent

Posted March 6th, 2013 in disclosure, electronic mail, evidence, inquiries, Iraq, news, war by sally

“The inquiry into how Tony Blair committed Britain to war in Iraq is set to challenge the official version of events when it reports later this year, The Independent understands. The team led by Sir John Chilcot, which is examining Britain’s part in the US-led invasion, will ‘challenge previous accounts of what happened’, according to senior sources in the inquiry.”

Full story

The Independent, 6th March 2013

Source: www.independent.co.uk

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 118; [2013] WLR (D) 84

“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Campaigners unite against secret courts – The Guardian

“An alliance of more than 100 human rights groups, legal experts and free press campaigners has called on MPs to vote against government plans for ‘secret courts’ – branding them “a charter for cover-ups” that will seriously undermine the principles of British justice.”

Full story

The Guardian, 3rd March 2013

Source: www.guardian.co.uk