Category: disclosure

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

Miliband defends ‘torture’ row documents gag – The Independent

Posted February 5th, 2009 in disclosure, intelligence services, news, torture by sally

“Foreign Secretary David Miliband today defended the non-disclosure of US intelligence after a furious row erupted between the British courts and the American administration over the Binyam Mohamed case.”

The Independent, 5th February 2009

Source: www.independent.co.uk

David Miliband to make statement on Binyam Mohamed ‘torture cover up’ – The Times

Posted February 5th, 2009 in disclosure, intelligence services, news, terrorism, torture by sally

“David Miliband will make a statement to the House of Commons today on the alleged cover-up of the torture of Binyam Mohamed, a former British resident being held at Guantanamo Bay.”

The Times, 5th February 2009

UK judges accuse Obama Administration of suppressing torture claim – The Times

Posted February 5th, 2009 in disclosure, intelligence services, news, torture by sally

“The US has threatened to withhold intelligence from the UK if evidence of the alleged torture of a British resident held at Guantánamo Bay is made public. ”

The Times, 5th February 2009

US threats mean evidence of British resident’s Guantánamo torture must stay secret, judges rule – The Guardian

Posted February 5th, 2009 in disclosure, intelligence services, news, torture by sally

“Evidence of how a British resident held in the Guantánamo Bay detention camp was tortured, and what MI5 knew about it, must remain secret because of serious threats the US has made against the UK, the high court ruled today (4 February).”

The Guardian, 4th February 2009

Source: www.guardian.co.uk

Attorney urged to hand over torture evidence – The Guardian

Posted December 5th, 2008 in attorney general, disclosure, intelligence services, news, torture by sally

“The attorney general, Lady Scotland, must hand over to the director of public prosecutions detailed allegations of criminal wrongdoing by MI5 and the CIA concerning the treatment of a British resident held at Guantánamo Bay, his lawyer said yesterday. The demand comes in a 26-page letter, seen by the Guardian, sent to the attorney by Clive Stafford Smith, director of the legal charity Reprieve and the lawyer representing Binyam Mohamed.”

The Guardian, 5th December 2008

Source: www.guardian.co.uk

Telco faces £2m e-disclosure bill after failing to agree search words – OUT-LAW.com

Posted November 11th, 2008 in disclosure, news by sally

“A company’s £2 million trawl through documents for a court case will have to be redone because lawyers had not agreed the terms of the search, the High Court has said. The ruling could change the way companies conduct disclosure, said one expert.”

Practice Direction: Enforcement of Children Act 1989 contact orders: disclosure of information to officers of the national probation service; [2008] WLR (D) 346

OUT-LAW.com, 11th November 2008

Source: www.out-law.com

Practice Direction: Enforcement of Children Act 1989 contact orders: disclosure of information to officers of the national probation service – WLR Daily

Posted November 10th, 2008 in contact orders, disclosure, enforcement, practice directions, probation by sally

“In order to ensure that an officer of the Service or a Welsh family proceedings officer would not be in contempt of court by virtue of disclosing information to an officer of the National Probation Service when a request was made under s 11L(5) or s 11M of the Children Act 1989 the court should give leave to the officer to make such disclosure.”

WLR Daily, 7th November 2008

Warner v Verfides (a Firm)

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

Warner v Verfides (a Firm) – Times Law Reports

Posted November 6th, 2008 in costs, disclosure, insolvency, law reports, privacy by sally

Chancery Division

“Documents created by one party and sent to another did not necessarily cease to be correspondence, to which the privacy provisions of article 8 of the European Convention on Human Rights could apply, when they were received by the latter.”

The Times, 6th November 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

McDonald v HM Advocate – Times Law Reports

Posted November 5th, 2008 in devolution issues, disclosure, law reports, Privy Council, Scotland by sally

McDonald v HM Advocate

Privy Council

“The refusal by the High Court of Justiciary in Scotland to receive a devolution minute was the determination of an issue sufficient to give jurisdiction to the Judicial Committee of the Privy Council to hear an appeal.”

The Times, 5th November 2008

Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Warner v Verfides (Hafner and another intervening) – WLR Daily

Posted November 3rd, 2008 in disclosure, human rights, insolvency, law reports by sally

“There was no reason why documents created by one party and sent to another should cease to be “correspondence” on their receipt by the latter. In the case of business correspondence, it could still engage the right to respect for private life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 31st October 2008

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE

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

Secretary of State for the Home Department v AF: Same v AM; Same v AN; Same v AE – Times Law Reports

Posted October 29th, 2008 in control orders, disclosure, human rights, law reports, terrorism by sally

Court of Appeal

“While as much information as possible, without imperilling national security, should be disclosed to a person subject to a control order, it was arguable that there was no irreducible minimum the nondisclosure of which would automatically make a trial unfair.”

The Times, 29th October 2008

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) [2008] EWHC 2519 (Admin); [2008] WLR (D) 323

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) – WLR Daily

Posted October 24th, 2008 in disclosure, human rights, law reports, terrorism by sally

“In the light of the stance taken by the US government that it would reconsider the intelligence relationship between the United States and the United Kingdom if the court were to make the order sought by the claimant, the appropriate course was to stay proceedings until after the outcome of the forthcoming hearing in the US Federal District Court, in the hope that a means would be found under the United States’ own judicial procedures of securing disclosure of the potentially exculpatory documents to the claimant’s US lawyers and thereby bringing the matter to an early and just resolution.”

WLR Daily, 23rd October 2008

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

Court attacks US refusal to disclose torture evidence – The Guardian

Posted October 23rd, 2008 in disclosure, evidence, news, torture by sally

“The high court yesterday condemned as ‘deeply disturbing’ a refusal by the US to disclose evidence that could prove a British resident held at Guantánamo Bay was tortured before confessing to terrorism offences.”

The Guardian, 23rd October 2008

Source: www.guardian.co.uk

Iraq dossier memos ‘must be released’ – Daily Telegraph

Posted September 4th, 2008 in disclosure, freedom of information, Iran, news, war by sally

“Memos and emails showing how the Government’s Iraq war dossier was ‘sexed up’ must be released, the information commissioner has ordered.”

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) [2008] EWHC 2100 (Admin); [2008] WLR (D) 300

Daily Telegraph, 4th September 2008

Source: www.telegraph.co.uk

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (2) – WLR Daily

Posted September 4th, 2008 in disclosure, law reports, public interest immunity, terrorism, torture by sally

“In performing the necessary balancing exercise in relation to public interest immunity and the exercise of the court’s discretion to order disclosure, it was incumbent on the court to have regard to the absence of a relevant consideration in the PII certificate and schedule, namely, in the light of the allegations made by the claimant, the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment, an issue which the court considered was not addressed either expressly or implicitly.”

WLR Daily, 2nd September 2008

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

US to hand over papers supporting Binyam Mohamed’s torture claim – The Times

Posted September 1st, 2008 in disclosure, news, terrorism, torture by sally

“The United States has agreed to hand over evidence that may support a British resident’s claim that he was tortured into confessing that he was an al-Qaeda terrorist.”

The Times, 30th August 2008

UK considers Guantanamo man move – BBC News

Posted August 29th, 2008 in detention, disclosure, news, torture by sally

“The government is given a further week by the High Court to consider its refusal to disclose material in case of a UK resident held in Guantanamo Bay.”

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 295

BBC News, 29th August 2008

Source: www.bbc.co.uk

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

Posted August 29th, 2008 in disclosure, law reports, terrorism, torture by sally

“The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [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, 22nd August 2008

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

US warning to court in alleged torture case – The Guardian

Posted August 28th, 2008 in disclosure, news, terrorism, torture by sally

“The US state department yesterday warned that disclosure of secret information in the case of a British resident said to have been tortured before he was sent to Guantánamo Bay would cause ‘serious and lasting damage’ to security relations between the countries.”