Dale Farm ruling hailed as a victory for press freedom – The Guardian

Posted May 17th, 2012 in disclosure, evidence, freedom of expression, media, news, travellers by sally

“News broadcasters have hailed the high court ruling that they should not disclose hours of footage of the Dale Farm eviction to police as a landmark victory for press freedom.”

Full story

The Guardian, 17th May 2012

Source: www.guardian.co.uk

Media organisations win legal fight over Dale Farm footage – BBC News

Posted May 17th, 2012 in disclosure, evidence, media, news, police, repossession, travellers by sally

“Media organisations have won a High Court battle over police orders to hand over film of the evictions from the traveller site at Dale Farm in Essex.”

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BBC News, 17th May 2012

Source: www.bbc.co.uk

Clarke asks top judges to probe disclosure sanctions – Law Society’s Gazette

Posted May 3rd, 2012 in criminal justice, disclosure, news, sanctions by sally

“Justice secretary Kenneth Clarke has asked two senior judges to review sanctions for disclosure failures in criminal trials, to ‘mitigate the resource burden’ imposed by disclosure.”

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Law Society’s Gazette, 3rd May 2012

Source: www.lawgazette.co.uk

Aneurin Bevan Health Board fined £70,000 over data breach – BBC News

Posted April 30th, 2012 in data protection, disclosure, fines, medical records, news, privacy by sally

“A Welsh health board has become the first NHS body to be fined for breaching the Data Protection Act after it released sensitive data about a patient to the wrong person.”

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BBC News, 30th April 2012

Source: www.bbc.co.uk

Review of sanctions for disclosure failures in criminal trials – Judiciary of England and Wales

Posted April 27th, 2012 in criminal procedure, disclosure, penalties, press releases by tracey

“The Lord Chief Justice has asked Lord Justice Gross and Mr Justice Treacy to conduct a review of sanctions for disclosure failures.”

Full press release

Judiciary of England and Wales, 26th april 2012

Source: www.judiciary.gov.uk

Slowly and unsurely, the courts are opening up – The Guardian

Posted April 27th, 2012 in criminal procedure, disclosure, media, news by tracey

“A radical change may be underway in the way journalists cover court cases, thanks to a court of appeal ruling earlier this month. The latest version of the Criminal Procedure Rules, which came into force last October, entitles any member of the public to apply to read or copy documents referred to in court cases. Following the appeal, in which the Guardian sought access to documents referred to in the Tesler extradition case hearing, the presumption will now be that such requests should be approved unless there is a good reason not to.”

Full story

The Guardian, 26th April 2012

Source: www.guardian.co.uk

Meister v Speech Design Carrier Systems GmbH – WLR Daily

Meister v Speech Design Carrier Systems GmbH (Case C-415/10); [2012] WLR (D) 116

“European Union law did not entitle a worker who plausibly claimed to meet the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process. Nevertheless, it could not be ruled out that a refusal to grant any access to information might be one of the factors to take into account in the context of establishing facts from which it might be presumed that there had been direct or indirect discrimination.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

Vos J incredulous as 11 firms file 50 more phone-hacking claims – The Lawyer

Posted April 23rd, 2012 in disclosure, interception, judges, media, news, privacy by sally

“Mr Justice Vos has described the number of firms clambering on board the phone-hacking juggernaut as ‘unbelievable’, as 11 firms have filed further claims on behalf of celebrities allegedly targeted by the News of the World.”

Full story

The Lawyer, 23rd April 2012

Source: www.thelawyer.com

Common-law open justice lets in the light; Strasbourg not the key – UK Human Rights Blog

Posted April 11th, 2012 in appeals, disclosure, media, news by sally

“No, not a case about secret trials, but about the way in which newspapers can get hold of court papers in open oral hearings. And, as we shall see, it led to a ringing endorsement of the principle of open justice from the Court of Appeal, leading to production of the documents to the Guardian.”

Full story

UK Human Rights Blog, 10th April 2012

Source: www.ukhumanrightsblog.com

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) – WLR Daily

Posted April 5th, 2012 in disclosure, documents, evidence, extradition, law reports, media by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court and another (Article 19 intervening) [2012] EWCA Civ 420; [2012] WLR (D) 110

“Where documents had been placed before a judge and referred to in the course of court proceedings, access should generally be permitted on the open justice principle. Where access was sought for a proper journalistic principle the case for allowing it would be particularly strong. The court would undertake a fact-specific proportionality exercise where there were grounds of opposition to the application for disclosure.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Watchdog criticises police over Mark Kennedy’s undercover tapes – The Guardian

Posted April 5th, 2012 in complaints, disclosure, news, police, reports by sally

“Police have been criticised for their role in withholding crucial surveillance recordings made by undercover policeman Mark Kennedy. The tapes were kept from activists who were being prosecuted for planning to occupy one of Britain’s largest power stations. The contents contained vital evidence for the activists’ defence.”

Full story

The Guardian, 4th April 2012

Source: www.guardian.co.uk

Ken Clarke defends secret courts plans after Nick Clegg criticisms – The Guardian

“The justice secretary, Ken Clarke, has defended proposals to create a new generation of secret courts in the face of criticism from Nick Clegg and parliament’s human rights committee, saying the plans will make the system more accountable and more conducive to intelligence sharing with other countries.”

Full story

The Guardian, 4th April 2012

Source: www.guardian.co.uk

Secret trials: ‘explore alternatives’ – Law Society’s Gazette

“Government proposals to extend the use of secret hearings in cases where evidence might compromise national security are a radical departure from the UK’s ‘traditions of open justice and fairness’, MPs and peers said today.”

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Law Society’s Gazette, 4th April 2012

Source: www.lawgazette.co.uk

Details of names and roles of senior council officials involved in recruitment subject to disclosure under FOI, Tribunal rules – OUT-LAW.com

“Councils should be prepared to disclose the names of senior staff members involved in recruiting senior councillors or officials as well as details of the role they played in that recruitment, an Information Rights Tribunal has ruled.”

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OUT-LAW.com, 4th April 2012

Source: www.out-law.com

Secret justice: do we have a compromise? – UK Human Rights Blog

“The Parliamentary Committee on Human Rights has now responded to the Government’s consultation on the proposals set out in their Justice and Security Green Paper Cm 8194. The idea is to extend ‘closed material procedures’ so as to be available in all civil proceedings, i.e. not just in some highly restricted national security contexts such as deportation appeals before SIAC (the Special Immigration Appeals Commission), control orders, and their successor regime known as TPIMs.”

Full story

UK Human Rights Blog, 4th April 2012

Source: www.ukhumanrightsblog.com

Damning verdict on ill-thought-out secret justice proposals – The Guardian

“Parliament’s joint committee on human rights (JCHR) has produced a unanimous report on the government’s justice and security green paper that is as precise and persuasive as the green paper itself is unfocussed and unconvincing.”

Full story

The Guardian, 4th April 2012

Source: www.guardian.co.uk

Judgment over extradition case is victory for open justice – The Guardian

Posted April 3rd, 2012 in disclosure, documents, extradition, media, news by sally

“Three senior judges have issued a groundbreaking judgment that strengthens the media’s right to see documents used in criminal cases.”

Full story

The Guardian, 3rd April 2012

Source: www.guardian.co.uk

O2 disclosure ruling could impact on workings of imminent new anti-piracy code, campaigners say – OUT-LAW.com

Posted March 29th, 2012 in copyright, disclosure, internet, news, telecommunications by sally

“A High Court judge has laid out flaws in using internet protocol (IP) addresses to identify alleged copyright infringers which should have ‘ramifications’ for how imminent new anti-piracy rules operate, a campaign group has said.”

Full story

OUT-LAW.com, 29th March 2012

Source: www.out-law.com

Man loses privacy case over telling his wife about twins – BBC News

Posted March 29th, 2012 in blackmail, disclosure, families, harassment, injunctions, news, privacy by sally

“A businessman has failed in his High Court bid to prevent his wife being told of the birth of his twins from a secret relationship.”

Full story

BBC News, 28th March 2012

Source: www.bbc.co.uk

OFT’s ‘adversarial’ approach meant witness documents do not have to be disclosed, CAT rules – OUT-LAW.com

Posted March 28th, 2012 in competition, disclosure, news, privilege, tribunals, witnesses by sally

“A supermarket does not have to hand over notes from discussions with witnesses to the Office of Fair Trading as part of an ongoing legal dispute because the information was protected by ‘litigation privilege’, the Competition Appeal Tribunal (CAT) has ruled.”

Full story

OUT-LAW.com, 27th March 2012

Source: www.out-law.com