Category: disclosure

BTA Bank JSC v Ablyazov and others – WLR Daily

Posted November 2nd, 2009 in disclosure, law reports, proceeds of crime, self-incrimination by sally
“The privilege against self-incrimination in respect of an offence under s 328 of the Proceeds of Crime Act 2002 (entering or becoming concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person) was removed by s 13 of the Fraud Act 2006. The s 328 offence was a ‘related offence’ for the purposes of s 13(4)(b) of the 2006 Act.”
WLR Daily, 30th October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening) – WLR Daily

Posted November 2nd, 2009 in confidentiality, criminal records, disclosure, law reports, police by sally
“Information about a person’s convictions which was systematically collected and stored in central records and was available for many years after the convictions had receded into the past could fall within the scope of private life for the purposes of art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms so that disclosure of the information could amount to an interference with the art 8 right to respect for private life. When the chief officer of police was considering for the purposes of an enhanced criminal record certificate whether to disclose information held on police records about a person who had applied for a job which involved working with children or vulnerable adults, he was required to decide whether the job applicant’s right to respect for her private life outweighed the social need for protecting children and vulnerable adults. There was no presumption that disclosure should be made unless there was good reason for not doing so.”
WLR Daily, 30th October 2009
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Earles v Barclays Bank plc – WLR Daily

Posted October 30th, 2009 in contracts, costs, disclosure, electronic filing, law reports by sally

Earles v Barclays Bank plc [2009] EWHC 2500 (Mercantile); [2009] WLR (D) 309

“Although there was no duty on the parties to preserve documents prior to the commencement of proceedings, after proceedings had begun, the situation was radically different. That was particularly so in relation to electronic information stored by a bank.”

WLR Daily, 29th October 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Secrecy bid over detainees’ case – BBC News

Posted October 28th, 2009 in closed material, damages, detention, disclosure, intelligence services, news by sally

“Lawyers for MI5 and MI6 have launched an unprecedented attempt to stop secret material being disclosed during a case brought by ex-Guantanamo Bay detainees.”

Full story

BBC News, 27th October 2009

Source: www.bbc.co.uk

Guantánamo torture: UK wants claims of complicity to be heard in secret – The Guardian

Posted October 27th, 2009 in disclosure, intelligence services, news, torture by sally

“The government wants allegations that it was complicit in the torture by the US of Britons held as terrorism suspects to be heard in secret.”

Full story

The Guardian, 26th October 2009

Source: www.guardian.co.uk

Appeal over torture claim ruling – BBC News

Posted October 19th, 2009 in appeals, disclosure, intelligence services, news, torture by sally

“The government says it will appeal against a ruling that US intelligence documents detailing the alleged torture of an ex-UK resident can be released.”

Full story

BBC News, 17th October 2009

Source: www.bbc.co.uk

Guantanamo Bay ‘torture’ ruling threatens intelligence sharing with US – Daily Telegraph

Posted October 19th, 2009 in disclosure, evidence, intelligence services, news, torture by sally

“The future of intelligence sharing between Britain and the United States is under threat after judges ruled secret evidence relating to the the torture allegedly suffered by Binyam Mohamed, a former Guantanamo Bay inmate, should be released.”

Full story

Daily Telegraph, 17th October 2009

Source: www.telegraph.co.uk

R (Al-Sweady and others) v Secretary of State for Defence (No 2) – WLR Daily

Posted October 6th, 2009 in cross-examination, disclosure, judicial review, law reports by sally

R (Al-Sweady and others) v Secretary of State for Defence (No 2) [2009] EWHC 2387 (Admin); [2009] WLR (D) 292

“In any judicial review proceedings relating to a case which involved crucial, ‘hard-edged’ questions of fact in light of which it was necessary for the court to allow cross-examination of makers of witness statements on those ‘hard-edged’ questions of fact, it was vital for full disclosure to occur to enable effective and proper cross-examination to take place. That constituted an important exception to the conventional approach in respect of disclosure in judicial review cases and the approach should be similar to that involved in an ordinary Queen’s Bench action.”

WLR Daily, 5th October 2009

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Amro International SA and anr v Financial Services Authority and ors – WLR Daily

Posted September 1st, 2009 in disclosure, financial regulation, law reports, proportionality by sally

Amro International SA and anr v Financial Services Authority and ors; [2009] WLR (D) 288

“Although the purpose of ss 169–172 of the Financial Services and Markets Act 2000 was to facilitate investigation in support of overseas regulators and such co-operation was desirable in order to maintain the regulation of financial markets and banks, the nature of the claim in respect of which the Financial Services Authority’s assistance was sought was of fundamental importance and it was wrong to exercise the powers to aid an investigation into allegations that were not made in that claim. The correct approach was to apply a test of proportionality and the documents required should be properly specified.”

WLR Daily, 28th August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Charity sues government for details of Afghanistan rendition case – The Guardian

Posted August 18th, 2009 in Afghanistan, disclosure, news, rendition by sally

“A human rights group began legal action against the government today in a case involving two alleged victims of rendition to Afghanistan who may have been tortured.”

Full story

The Guardian, 17th August 2009

Source: www.guardian.co.uk

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted August 5th, 2009 in disclosure, law reports, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 2

“The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Comrs [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific to the claimant and essential to his defence to serious charges which might carry the death penalty, in confidence to lawyers representing him in proceedings at Guantanamo Bay, given that the conduct of the security service of the United Kingdom had amounted to being involved in arguable wrongdoing by facilitating interviews of the claimant by or on behalf of the United States of America while the claimant had been held unlawfully in incommunicado detention and on his case had been subject to alleged torture and cruel, inhuman or degrading treatment at the hands of the detaining authorities.”

WLR Daily, 3rd August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

High Court revokes control order – BBC News

Posted July 31st, 2009 in control orders, disclosure, legal representation, news, terrorism by sally

“The government’s anti-terror strategy has suffered a blow after the High Court revoked the control order of a suspect accused of links to al-Qaeda.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Hillsborough files to be opened – BBC News

Posted July 31st, 2009 in disclosure, health & safety, news, sport by sally

“Families who lost their loved ones in the Hillsborough disaster have renewed hope of a full disclosure after a meeting with the home secretary.”

Full story

BBC News, 29th July 2009

Source: www.bbc.co.uk

Binyam claims ‘risk to UK lives’ – BBC News

Posted July 30th, 2009 in disclosure, news, torture by sally

“British lives could be endangered if allegations of torture of a former Guantanamo Bay inmate are published, the High Court has been told.”

Full story

BBC News, 29th July 2009

Source: www.bbc.co.uk

Information Tribunal overlooked public interest in legal privilege case, says High Court – OUT-LAW.com

Posted July 24th, 2009 in disclosure, freedom of information, news, public interest, tribunals by sally

“The Information Tribunal misunderstood part of a Freedom of Information (FOI) Act request and failed to properly adjudicate other parts of it, the High Court has said. The case must be re-considered by the Tribunal.”

Full story

OUT-LAW.com, 23rd July 2009

Source: www.out-law.com

Her Majesty’s Treasury v Information Commissioner – WLR Daily

Posted July 23rd, 2009 in disclosure, freedom of information, law reports, public interest, tribunals by sally

Her Majesty’s Treasury v Information Commissioner [2009] EWHC 1811 (Admin); [2009] WLR (D) 251

“The convention that law officers’ advice to ministerial departments should not be disclosed without their consent continued to operate after the enactment of the Freedom of Information Act 2000, but was subject to the principles of that Act.”

WLR Daily, 22nd July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Al-Sweady and others) v Secretary of State for Defence – WLR Daily

Posted July 15th, 2009 in disclosure, human rights, Iraq, law reports, public interest immunity by sally

R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 1687 (Admin); [2009] WLR (D) 238

“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in the credibility and reliability of such certificates and schedules. Nothing less was acceptable.”

WLR Daily, 14th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Met police chief willing to release Blair Peach report – The Guardian

Posted June 26th, 2009 in demonstrations, disclosure, news, police by sally

“The report on the controversial death of the anti-racist campaigner Blair Peach should finally be published more than 30 years after he died in a demonstration in west London. The commissioner of the Metropolitan police, Sir Paul Stephenson, agreed today that it should be made public after an unanimous call to do so by the Metropolitan Police Authority.”

Full story

The Guardian, 25th June 2009

Source: www.guardian.co.uk

Call for publication of ‘police killing’ report – The Independent

Posted June 25th, 2009 in demonstrations, disclosure, news, police by sally

“A secret report into the suspected police killing of an anti-racism campaigner 30 years ago must be published, Sir Paul Stephenson said today.”

Full story

The Independent, 25th June 2009

Source: www.independent.co.uk

David Miliband wants interrogation policy kept secret – The Guardian

Posted June 17th, 2009 in disclosure, intelligence services, news, torture by sally

“The foreign secretary, David Miliband, told MPs today that he will not allow the public to see the secret interrogation policy that is at the heart of allegations that MI5 has been colluding in the torture of British citizens.”

Full story

The Guardian, 16th June 2009

Source: www.guardian.co.uk