Archive for the 'disclosure' Category

North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily

North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch); [2011] WLR (D) 138

“Para 1.5 of Practice Direction 39A supplementing CPR Pt 39 did not deem a hearing to be in private which had not been listed as a private matter. The general rule for proceedings to be held in public unless otherwise stated applied to proceedings not listed in private.”

WLR Daily, 13th April 2011

Source: www.iclr.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.

Kenyans sue UK for alleged colonial human rights abuses – The Guardian

“Highly embarrassing colonial-era files detailing the British army’s repressive tactics against Mau Mau insurgents in Kenya during the 1950s will be revealed in a landmark compensation case.”

Full story

The Guardian, 5th April 2011

Source: www.guardian.co.uk

MoD lobbied secretly to cut legal aid for cases against its treatment of detainees in Iraq and Afghanistan – The Guardian

“The Ministry of Defence lobbied behind closed doors to restrict the provision of legal aid to claimants questioning the treatment of military detainees in Iraq and Afghanistan, the high court has heard.”

Full story

The Guardian, 5th April 2011

Source: www.guardian.co.uk

The Lawyer’s great debate: e-disclosure – The Lawyer

“One of the biggest issues in litigation management at the moment is e-disclosure.”

Full story

The Lawyer, 21st March 2011

Source: www.thelawyer.com

Standard Life Assurance Ltd and another v Topland Col Ltd and others – WLR Daily

Standard Life Assurance Ltd and another v Topland Col Ltd and others [2010] EWHC 1781 (Ch); [2011] WLR (D) 92

“The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to provide them to any person other than through one of the gateways under section 3 of the Act.”

WLR Daily, judgment reissued 14th March 2011

Source: www.iclr.co.uk

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

Tessa Jowell goes to court to find out who hacked into her phone – The Independent

“Former cabinet minister Tessa Jowell has begun legal proceedings which could see her name added to the list of public figures suing the News of the World for alleged phone hacking.”

Full story

The Independent, 18th March 2011

Source: www.independent.co.uk

North Shore Ventures Ltd v Anstead Holdings Inc and others – WLR Daily

“A creditor was under a duty to disclose to the surety any contract or other dealing between creditor and debtor which changed the position of the debtor from that which the surety might naturally have expected, but was not under a duty to disclose to the surety other matters relating to the debtor which might be material for the surety to know.”

WLR Daily, 10th March 2011

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.

CMCS Common Market Commercial Services AVV v Taylor; Taylor v Stoutt and others – WLR Daily

CMCS Common Market Commercial Services AVV v Taylor; Taylor v Stoutt and others [2011] EWHC 324 (Ch); [2011] WLR (D) 57

“There was no difference in principle between the ambit of a solicitor’s duty to the court in relation to the conduct and supervision of disclosure of documents and the conduct and supervision of any redaction of disclosable doccuments prior to inspection.”

WLR Daily, 24th February 2011

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.

Phone hacking: now judge tells police to stop protecting names – The Independent

“The likelihood of further News of the World (NotW) journalists being dragged into the phone-hacking scandal increased yesterday when a judge ruled that names believed to belong to the paper’s employees should no longer be blanked out on key documents.”

Full story

The Independent, 25th February 2011

Source: www.independent.co.uk

Chief Constable of South Yorkshire Police v Information Commissioner – WLR Daily

Chief Constable of South Yorkshire Police v Information Commissioner [2011] EWHC 44 (Admin); [2011] WLR (D) 19

“In estimating whether the cost of complying with a request for information would exceed the appropriate limit for the purposes of claiming exemption from the obligation to comply in reliance on section 12 of the Freedom of Information Act 2000, a public authority was not permitted by regulation 4 of the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 to take account of time which it expected to spend in redacting exempt information from relevant documents before disclosing them to the applicant.”

WLR Daily, 27th January 2011

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.

Ex-Guantánamo inmates take on MI5 and MI6 over courtoom secrecy – The Guardian

“An attempt by MI5 and MI6 to extend courtroom secrecy has led to a legal battle at the supreme court, with lawyers representing former Guantánamo inmates and the media denouncing the proposal as ‘unconstitutional and excessive’.”

Full story

The Guardian, 24th January 2011

Source: www.guardian.co.uk

Masri v Consolidated Contractors International Co SAL and another (No 2) – WLR Daily

Masri v Consolidated Contractors International Co SAL and another (No 2) [2011] EWCA Civ 21; [2011] WLR (D) 11

“Save in exceptional circumstances, para 4.2 of the Practice Direction supporting CPR Pt 32 required the deponent of an affidavit to identify the source of the relevant information or belief stated in the affidavit. If the source was a person that person must, save in exceptional circumstances, be identified with sufficient certainty to enable to person against whom the affidavit was directed to investigate the information or belief in accordance with the rules of court or other relevant legal principles.”

WLR Daily, 21st Janaury 2011

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.

Intelligence agencies go to supreme court over ruling on secret evidence – The Guardian

“MI5 and MI6 will argue in a test case before the supreme court tomorrow that in future no intelligence gathered abroad, even if initially obtained through torture, should ever be disclosed in a British court.”

Full story

The Guardian, 23rd January 2011

Source: www.guardian.co.uk

Scotland Yard fights to keep phone-hacking targets a secret – The Independent

“The Metropolitan Police blocked legal action aimed at identifying all the alleged victims uncovered by its criminal investigation into phone hacking by the News of the World. Documents filed at the High Court in London show that Scotland Yard is resisting a claim for a judicial review of its handling of the case, on the basis that it does not have a public duty to contact everyone brought to the attention of detectives.”

Full story

The Independent, 13th January 2011

Source: www.independent.co.uk

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

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court [2010] EWHC 3376 (Admin); [2011] WLR (D) 349

“Art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms did not alter the settled law that the principle of open justice in criminal proceedings did not extend to a right for the press or the public to inspect documents or other exhibits placed before a court during such proceedings, or require the Criminal Procedure Rules 2010 to be interpreted as conferring any right of inspection of written evidence.”

WLR Daily, 12th January 2011

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.

MI6 chief Sawers: we have nothing to do with torture and rights abuses – The Guardian

“MI6 chief Sir John Sawers says that MI6 avoids actions leading to torture – but wants courts banned from disclosing info from service or CIA.”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Improperly obtained documents in divorce proceedings – Law Society’s Gazette

“In light of the Court of Appeal’s ­decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of ­improperly obtained documents.”

Full story

Law Society’s Gazette, 21st October 2010

Source: www.lawgazette.co.uk

Dr Kelly wounds ‘typical of self-inflicted injury’ – The Independent

“Wounds to the body of weapons inspector David Kelly were ‘typical of self-inflicted injury’, according to previously secret medical documents released today.  Justice Secretary Kenneth Clarke said he was publishing the documents on how Dr Kelly died ‘in the interests of maintaining public confidence in the inquiry into how Dr Kelly came by his death’. Lord Hutton, who conducted the inquiry into Dr Kelly’s death, ruled that the report should remain secret for 70 years, but there were a number of calls for another examination of the case.”

Full story

The Independent, 22nd October 2010

Source: www.independent.co.uk

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) – WLR Daily

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) [2010] EWCACiv 1094; [2010] WLR (D) 251

“Legal advice privilege applied only to advice given by a member of the legal profession.”

WLR Daily, 13th October 2010

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.

Court of Appeal confirms limits to legal professional privilege – Law Society’s Gazette

“The Court of Appeal today unanimously confirmed that legal professional privilege (LPP) only applies to qualified lawyers – solicitors and barristers. The decision was welcomed by the Law Society as giving certainty to solicitors and their clients.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Legal Ombudsman seeks views on complaints publishing – Law Society’s Gazette

“A discussion paper issued by the Legal Ombudsman today (28 September) is seeking views on whether it should publish the names of firms when it reports details of consumer complaints.”

Full story

Law Society’s Gazette, 28th September 2010

Source: www.lawgazette.co.uk

Blair knew of Guantanamo torture in 2002, lawyers claim – The Independent

“Tony Blair was alerted to allegations of torture involving UK nationals held in Afghanistan and Guantanamo Bay within months of the ‘War on Terror’ beginning, lawyers claimed yesterday.”

Full story

The Independent, 29th September 2010

Source: www.independent.co.uk

Torture guidance does not breach law, says coalition – The Guardian

“The coalition government appeared to be heading for a clash with the country’s official human rights watchdog today after insisting its newly-published guidance on torture does not breach UK or international law.”

Full story

The Guardian, 27th September 2010

Source: www.guardian.co.uk

New government guidance on torture breaches law – The Guardian

“The UK’s official human rights watchdog has warned the government that its newly published guidance on torture may be unlawful and open to challenge in the courts.”

Full story

The Guardian, 27th September 2010

Source: www.guardian.co.uk

Tribunal orders Government department to release IT contract details – OUT-LAW.com

“The Information Tribunal has ordered a Government department to publish most of the till-now withheld details of a major IT contract after ruling that the public interest was served better by disclosure than secrecy.”

Full story

OUT-LAW.com, 24th September 2010

Source: www.out-law.com

Royal pressure ‘led to FoI ban on disclosure of lobbying by Charles’ – The Guardian

“Guardian to go to tribunal to gain access to letters to ministers, while Act amendments may mean 20-year block on letters.”

Full story

The Guardian, 13th September 2010

Source: www.guardian.co.uk

Met asked to reveal what it knew about NoW hacking of officers’ phones – The Guardian

“Scotland Yard was tonight under fresh pressure to reveal what it knew about attempts by the News of the World to hack the phones of senior police officers.”

Full story

The Guardian, 2nd September 2010

Source: www.guardian.co.uk

Polo playing dotcom tycoon forced to pay wife £7 million in divorce settlement – Daily Telegraph

“A polo playing dotcom tycoon was ordered by a judge to pay his ex-wife half his £14 million fortune after being accused of ‘flagrant, persistent and consistent” attempts to hide his wealth.”

Full story

Daily Telegraph, 23rd July 2010

Source: www.telegraph.co.uk

Quinn Direct Insurance Ltd v The Law Society of England and Wales – WLR Daily

“There was no reason to imply into the statutory scheme for the regulation of solicitors any provision or term entitling or obliging the Law Society to produce to a qualifying insurer documents emanating from a firm of solicitors into which it had intervened which were subject to the privilege of a client of the firm. If the client consented or his privilege was impliedly waived by a claim against the solicitor then there was no reason why the Law Society, as it had done, could not produce such documents to the qualifying insurer.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Classified documents reveal UK’s role in abuse of its own citizens – The Guardian

“The true extent of the Labour government’s involvement in the illegal abduction and torture of its own citizens after the al-Qaida attacks of September 2001 has been spelled out in stark detail with the disclosure during high court proceedings of a mass of highly classified documents.”

Full story

The Guardian, 14th July 2010

Source: www.guardian.co.uk

Interrogation guidelines published for the first time – Daily Telegraph

“The rules governing the interrogation of prisoners abroad have been published by the government for the first time.”

Full story

Daily Telegraph, 6th July 2010

Source: www.telegraph.co.uk

Child prison restraint rules to be disclosed – The Independent

“Child protection groups today welcomed the decision to disclose the contents of a secret manual governing the use of physical restraint in child prisons.”

Full story

The Independent, 5th July 2010

Source: www.independent.co.uk

Post-It notes and the end of written history – BBC News

“The new coalition government is currently deciding when the legislation, which follows a review of secrecy rules by a committee chaired by Daily Mail editor Paul Dacre, will come into effect.”

Full story

BBC News, 1st July 2010

Source: www.bbc.co.uk

Government urged to publish ‘terror guidelines’ – BBC News

“The government is facing growing demands to publish guidance given to UK intelligence officers interrogating terrorist suspects overseas.”

Full story

BBC News, 29th June 2010

Source: www.bbc.co.uk

FOI does not require disclosure of BBC report, rules Court of Appeal – OUT-LAW.com

“The BBC does not have to publish a report into its Middle East coverage, the Court of Appeal has ruled. A Freedom of Information (FOI) Act exemption for journalism applies to material even if it is held for other purposes, said the Court.”

Full story

OUT-LAW.com, 25th June 2010

Source: www.out-law.com

British Broadcasting Corporation and another v Sugar (No 2) – WLR Daily

British Broadcasting Corporation and another v Sugar (No 2) [2010] EWCA Civ 715; [2010] WLR (D) 157

“Once it was established that information, requested under the Freedom of Information Act 2000, was held by the BBC as a public authority for the purposes of journalism (a word that was to be given its natural meaning), it was effectively exempt from production under the 2000 Act, even if the information was also held by the authority for other purposes.”

WLR Daily, 24th June 2010

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.

Al Rawi and others v Security Service and others – WLR daily

Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111

“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”

WLR Daily, 5th May 2010

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.

MI5 files must be kept from 7/7 victims’ families, coroner told – The Guardian

“Disclosing MI5 files about the July 7 suicide bombers to the families of those killed in the London attacks would be ‘impossible’, counsel for the Security Service and the home secretary said today.”

Full story

The Guardian, 28th April 2010

Source: www.guardian.co.uk

Police to release secret report on the death of Blair Peach – The Guardian

“A highly critical report into the death of Blair Peach, the anti-fascist campaigner widely believed to have been killed by police in 1979, is expected to be published on Tuesday.”

Full story

The Guardian, 25th April 2010

Source: www.guardian.co.uk

Family of rendition victim begins legal action against Government – The Independent

“The family of a man secretly held by the Americans in an Afghanistan detention centre after his arrest by British forces six years ago has begun legal action against the UK Government to help secure his release.”

Full story

The Independent, 16th April 2010

Source: www.independent.co.uk

Charity launches legal bid to name terror suspect – The Independent

“The charity Reprieve is today launching a legal battle to force the British Government to name a suspected terrorist who is being held in Afghanistan.”

Full story

The Independent, 15th April 2010

Source: www.independent.co.uk

Sharon Shoesmith papers released by court – BBC News

“Key court documents have been released relating to the sacking of social services chief Sharon Shoesmith after the death of Baby Peter in London.”

Full story

BBC News, 1st April 2010

Source: www.bbc.co.uk

Government refuses to publish criticism of new guidelines on overseas torture – The Guardian

“The government is locked in a serious and bitter dispute with the parliamentary body set up to monitor MI5 and MI6 over the guidelines covering the torture and abuse of detainees held abroad, the Guardian has learned.”

Full story

The Guardian, 18th March 2010

Source: www.guardian.co.uk

30-year rule on release of secret government papers cut to 20 years – The Guardian

“Secret government papers are to be released after a delay of 20 years in a change from the current 30-year rule, the Ministry of Justice announced yesterday (25 February).”

Full story

The Guardian, 26th February 2010

Source: www.guardian.co.uk

MI5 judges to rule on suppression of section of torture document – The Guardian

“Three senior judges are today expected to restore devastating passages to a ruling criticising MI5 over the torture and ill-treatment of terror suspects abroad.”

Full story

The Guardian, 26th February 2010

Source: www.guardian.co.uk

Regina (Amro International SA and another) v Financial Services Authority and others – WLR Daily

Regina (Amro International SA and another) v Financial Services Authority and others [2010] EWCA Civ 123; [2010] WLR (D) 50

“Co-operation between national financial regulators was of the greatest importance, particularly where there were suspicions or allegations of fraud. The Financial Services Authority was entitled to assist the US Security and Exchange Commission in a share fraud investigation without subjecting its request for help to critical examination. The FSA was required only to comply with the requirements of statute, and the terms of memoranda of understanding were immaterial. There was no requirement to provide notice under s 170(2) of the Financial Services and Markets Act 2000.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

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

Allison v HM Advocate – Times Law Reports

Allison v HM Advocate

Supreme Court

“In criminal proceedings in Scotland, the Crown was under the same obligation to disclose to the defence any outstanding charges against a prosecution witness as it was to disclose a witness’s previous convictions.”

The Times, 17th February 2010

Source: www.timesonline.co.uk

Top judge: Binyam Mohamed case shows MI5 to be devious, dishonest and complicit in torture – The Guardian

“Legal defeat plunges Security Service into crisis over torture evidence, and it is revealed that judge removed damning verdict after Foreign Office QC’s plea.”

Full story

The Guardian, 1oth February 2010

Source: www.guardian.co.uk

Government loses Binyam Mohamed torture appeal – BBC News

“The foreign secretary has lost a bid to prevent the disclosure of secret information relating to the alleged torture of a UK resident.”

Full story

BBC News, 10th February 2010

Source: www.bbc.co.uk

Binyam Mohamed torture case ruling at Court of Appeal – BBC News

“The Court of Appeal is to decide whether to release documents detailing the alleged torture of a UK resident.”

Full story

BBC News, 10th February 2010

Source: www.bbc.co.uk

Teenage St Helens sex attacker who struck on bail named – BBC News

“A teenager who sexually assaulted a nine-year-old girl while on bail awaiting trial for the rape of a 10-year-old girl, can now be named.”

Full story

BBC News, 26th January 2010

Source: www.bbc.co.uk

Kennedy v Information Commissioner and another – WLR Daily

Kennedy v Information Commissioner and another [2010] WLR (D) 6

“The Information Tribunal was correct in holding that the wording of s 32(2) of the Freedom of Information Act 2000 had a very wide scope. There was no right under the 2000 Act to disclosure of documents held by public authorities which had been placed in the custody of or created by a person conducting an inquiry or arbitration for the purposes of the inquiry or arbitration, even after the inquiry or arbitration had concluded; the documents fell under the absolute exemptions set out in s 32(2) of the Act, regardless of their content and the consequences of their disclosure, and notwithstanding the public interest in their disclosure. However, the exemption could be waived and the information could be released by inquiries and arbitrators when the public interest required it.”

WLR Daily, 22nd January 2010

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.

CPS refuses to reveal details of Nick Griffin’s race hate trial – The Guardian

“The Crown Prosecution Service is ­blocking attempts to disclose details about the prosecution of Nick Griffin, the leader of the British National party, for race hate crimes, claiming that to do so would breach his data protection rights.”

Full story

The Guardian, 22nd January 2010

Source: www.guardian.co.uk

Ministers in U-turn over torture documents for Guantanamo Briton – The Independent

“Ministers have agreed to the release of secret documents that could prove MI5 agents were present during the torture of a British resident held by the US government for eight years.”

Full story

The Independent, 21st December 2009

Source: www.independent.co.uk

Foreign Office backs down over Binyam Mohamed censorship – Daily Telegraph

“The Foreign Office has made a partial climbdown in its legal bid to suppress intelligence material relating to a British resident who claims he was tortured by American security services.”

Full story

Daily Telegraph, 17th December 2009

Source: www.telegraph.co.uk


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