Chef wins gagging order to suppress tribunal details – Daily Telegraph

“An internationally renowned chef has won a gagging order preventing publication of a legal wrangle with two former employees.”

Full story

Daily Telegraph, 4th May 2011

Source: www.telegraph.co.uk

Privacy law: what’s the way ahead? – The Guardian

“David Cameron says he is ‘uneasy’ about the development of a privacy law by judges based on the European Convention. How can we balance the right to publication with the right to privacy?”

Full story

The Guardian, 26th April 2011

Source: www.guardian.co.uk

Prosecution of Philip Woolas not in public interest – Crown Prosecution Service

“Former MP Philip Woolas will not be prosecuted in relation to statements he made about an opponent during the 2010 General Election in Oldham East and Saddleworth.”

Full story

Crown Prosecution Service, 21st March 2011

Source: www.cps.gov.uk

Public interest defence against libel proposed, but campaigners call for more radical action – OUT-LAW.com

“Journalists will be able to rely on the defence that they published responsibly and in the public interest in defamation cases, according to reforms proposed by the Government. A defence of ‘honest opinion’ will replace that of ‘fair comment’.”

Full story

OUT-LAW.com, 16th March 2011

Source: www.out-law.com

Libel reform: government’s proposals – The Guardian

Read the draft defamation bill and consultation in full

The Guardian, 15th March 2011

Source: www.guardian.co.uk

Libel law reform announced – Ministry of Justice

“New measures to support free speech, enable people to protect their reputation and help stop the use of unreasonable threats of being sued for libel were announced today.”

Full story

Ministry of Justice, 15th March 2011

Source: www.justice.gov.uk

Court allows journalists into care hearing – The Guardian

“The Guardian and other news organisations have won a court ruling that could open up the care system for people with learning difficulties to public scrutiny.”

Full story

The Guardian, 28th February 2011

Source: www.guardian.co.uk

Bar Council on Jackson Reforms: Cost Reduction Welcome but Must Be Targeted to Safeguard Access to Justice – The Bar Council

“The Bar Council, which represents barristers in England and Wales, will today respond to the Government’s proposals for the reform of the costs of civil litigation. It will say that cost reduction is in the public interest but will warn that whilst cost reduction is welcome significant threats to access to justice must be addressed and that one size cannot fit all in litigation.”

Full story

The Bar Council, 14th February 2011

Source: www.barcouncil.org.uk

We defend the public interest in our response to MOJ proposals for Legal Aid Reform – Bar Standards Board

“Our response to the MOJ’s proposals for Legal Aid Reform states that the cuts to Legal Aid will have no discernible positive regulatory impact and do little to protect and promote the public interest.”

Full story

Bar Standards Board, 14th February 2011

Source: www.barstandardsboard.org.uk

JIH v News Group Newspapers Ltd – WLR Daily

JIH v News Group Newspapers Ltd [2011] EWCA Civ 42; [2011] WLR (D) 27

“Where a claimant applied for an injunction restraining publication of private information and sought reporting restrictions, in balancing the rights of the individual to confidentiality against the public interest in freedom of expression, generally the court would either direct that the claimant’s name be anonymised but disclosure of the nature of the information was permitted, or direct that the claimant could be named but the nature of the information was not to be identified.”

WLR Daily, 1st February 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.

DPP’s power to block war crimes arrests is in the public interest – The Guardian

“The director of public prosecutions has disclosed how he proposes to use unique new powers enabling him to block the arrest of visiting foreigners accused of war crimes abroad.”

Full story

The Guardian, 26th January 2011

Source: www.guardian.co.uk

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

Why lawyers who fall foul of the legal watchdog should be named – The Guardian

“Complaints are the legal profession’s achilles heel. It was the Law Society’s failure to deal properly with complaints against solicitors in the late 1990s that helped trigger the reform process that led to the Legal Services Act 2007 – and a key element of the act is the new, independent Legal Ombudsman (LEO) service.”

Full story

The Guardian, 24th January 2011

Source: www.guardian.co.uk

Regina (Coke-Wallis) v Institute of Chartered Accountants in England and Wales – WLR Daily

Regina (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1 ; [2011] WLR (D) 3

“The principles of cause of action estoppel applied to successive complaints before a professional disciplinary body. Whether, and in what circumstances, a public interest exception should be recognised to the strict application of those principles in the disciplinary context was a matter for Parliament not the courts.”

WLR Daily, 19th 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.

Government creates data publishing body

“A single body will be put in charge of how data generated by publicly owned bodies is used, the Government has said. It has outlined plans for a Public Data Corporation (PDC) to manage data and license it to others.”

Full story

OUT-LAW.com, 17th January 2011

Source: www.out-law.com

Paponette and others v Attorney General of Trinidad and Tobago – WLR Daily

Paponette and others v Attorney General of Trinidad and Tobago [2010] UKPC 32; [2010] WLR (D) 323

“A court could not infer from the bare fact that a public body had acted in breach of a legitimate expectation that it must have done so to further some overriding public interest.”

WLR Daily, 13th December 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.

Should justice be televised? – Legal Week

“The head of Sky News has argued in a new Guardian article that justice must be televised as allowing TV cameras in court would help restore public faith in criminal proceedings.”

Full story

Legal Week, 6th December 2010

Source: www.legalweek.com

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London – WLR Daily

Regina (Secretary of State for the Home Department) v Assistant Deputy Coroner for Inner West London
[2010] EWHC 3098 (Admin); [2010] WLR (D) 305

“A coroner did not have power to receive sensitive evidence relating to the security service in a closed hearing in the absence of properly interested persons and their legal representatives.”

WLR Daily, 1st December 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.

Regina v M(L) and Others; Regina v Tabot; Regina v Tijani – WLR Daily

Regina v M(L) and Others; Regina v Tabot; Regina v Tijani [2010] EWCA Crim 2327 ; [2010] WLR(D) 266

“Where a person was a victim of human trafficking, for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No 197), and whilst retaining some nexus with the trafficking committed an offence which arguably called, in the public interest, for prosecution, the decision whether to prosecute depended on whether the offence committed was serious enough to call for prosecution, which in turn depended on all the circumstances of the case, the gravity of the offence alleged, the degree of continuing compulsion, and the alternatives reasonably available to the defendant. The prosecution was not obliged by art 10 of the Convention to advise a defendant’s solicitors of the availability of human trafficking referral agencies or to refer a represented defendant to those agencies, unless there were something unusual about the defendant’s case, but were obliged to remind the defendant’s solicitors of the existence of those agencies.”

WLR Daily, 25th 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.

No prosecutions in Caroline Loder MS death probe – BBC news

“Three people arrested over the suicide of a multiple sclerosis sufferer will not face prosecution, it has emerged.”

Full story

BBC News, 16th August 2010

Source: www.bbc.co.uk

Times libel ruling shows Reynolds privilege is of little practical use – The Guardian

“News this week that veteran media lawyer Alastair Brett has parted company with the Times so soon after the court of appeal ruled against the newspaper in the Flood case comes just as I am mulling over the impact of this significant libel judgment.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

No charges following death of Raymond Cutkelvin – Crown Prosecution Service

“Keir Starmer QC, Director of Public Prosecutions, has today said that while there is sufficient evidence to prosecute Alan Cutkelvin Rees and Dr Michael Irwin in relation to the death of Raymond Cutkelvin at a Dignitas clinic in Switzerland in February 2007, such a prosecution would not be in the public interest and no further action should be taken against them.”

Full press release

Crown Prosecution Service, 25th June 2010

Source: www.cps.gov.uk

No prosecution for right-to-die doctor – BBC News

“A former GP and right-to-die campaigner who took a man to a euthanasia clinic in Switzerland will not be prosecuted.”

Full story

BBC News, 25th June 2010

Source: www.bbc.co.uk

Lord Lester’s bill a ‘catalyst’ for libel reform – Law Society’s Gazette

“Liberal Democrat peer and barrister Lord Lester of Herne Hill QC has introduced a private member’s bill to reform the country’s ‘archaic’ libel laws.”

Full story

Law Society’s Gazette, 3rd June 2010

Source: www.lawgazette.co.uk

Was the News of the World exposé on the Duchess of York justified in law? – The Guardian

“Analysis of whether the News of the World can claim that they had a public interest justification in exposing Sarah Ferguson.”

Full story

The Guardian, 25th May 2010

Source: www.guardian.co.uk

CPS defends Neath teacher glue stick trial decision – BBC News

“The Crown Prosecution Service has defended a decision to prosecute a Neath teacher after a boy accused her of hitting him with a glue stick.”

Full story

BBC News, 20th May 2010

Source: www.bbc.co.uk

Independent wins a ‘hugely important’ victory for the vulnerable – The Independent

“A controversial court which hears all of its cases in secret will open its doors to the media from today, following a successful legal challenge by The Independent which was immediately hailed as a ‘hugely important’ victory for transparency.”

Full story

The Independent, 1st April 2010

Source: www.independent.co.uk

No charges following deaths of Sir Edward and Lady Downes – Crown Prosecution Service

“The Crown Prosecution Service has decided that, while there is sufficient evidence to charge Caractacus Downes with an offence of assisting the suicide of his parents, Sir Edward and Lady Joan Downes, it is not in the public interest to do so.”

Full ress release

Crown Prosecution Service, 19th March 2010

Source: www.cps.gov.uk

Jack Straw unveils plan to curb libel tourism – The Guardian

“Overseas claimants will be discouraged from launching libel cases in UK courts and a ‘public interest’ defence may be introduced to protect investigative journalism, under legal changes unveiled today.”

Full story

The Guardian, 24th March 2010

Source: www.guardian.co.uk

Reform of libel laws will protect freedom of expression – The Guardian

“Justice secretary Jack Straw explains why he is proposing a law to curtail ‘libel tourism’ and create a ‘public interest’ defence.”

Full story

The Guardian, 23rd March 2010

Source: www.guardian.co.uk

Snoop Dogg: US rapper wins £100,000 legal fight to visit Britain – Daily Telegraph

“The controversial American rapper, Snoop Dogg, has won an expensive legal battle against the British government, after it tried to ban him from visiting the country.”

Full story

Daily Telegraph, 9th March 2010

Source: www.telegraph.co.uk

Dangerous terrorist suspects are on the streets because of judges’ decisions, watchdog says – Daily Telegraph

“Dangerous terror suspects are walking the streets as the result of a ruling by the UK Supreme Court, a terrorism watchdog has said.”

Full story

Daily Telegraph, 3rd March 2010

Source: www.telegraph.co.uk

Norris v Government of United States of America (No 2) – WLR Daily

Norris v Government of United States of America (No 2) [2009] UKSC 9; [2010] WLR (D) 52

“It was only if some quite exceptionally compelling feature, or combination of features, was present that interference with the right to family life under art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms consequent upon extradition would be other than proportionate to the objective that extradition served.”

WLR Daily, 25th February 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.

In re Guardian News and Media Ltd and others – WLR Daily

In re Guardian News and Media Ltd and others [2010] UKSC 1; [2010] WLR (D) 13 

“Where individuals challenged freezing orders made against them under the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 the general public interest in publishing a full report of the proceedings in which they were named justified curtailing their right to respect for their private and family lives.”

WLR Daily, 27th February 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.

Questions about the decision to prosecute Kay Gilderdale – Crown Prosecution Service

“A question has arisen as to whether it was in the public interest for the Crown Prosecution Service (CPS) to have prosecuted Kay Gilderdale for attempted murder.”

Full press release

Crown Prosecution Service, 26th January 2010

Source: www.cps.gov.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

David Miliband attacks ‘irresponsible’ judges over Binyam Mohamed – The Times

“Lawyers for the Foreign Secretary launched an extraordinary attack yesterday on High Court judges who want to disclose intelligence material relating to allegations of torture involving the CIA.”

Full story

The Times, 15th December 2009

Source: www.timesonline.co.uk

Binyam Mohamed torture collusion case returns to court – BBC News

“Three of England’s most senior judges are to hear an appeal by the government against letting the public know about allegations of torture.”

Full story

BBC News, 14th December 2009

Source: www.bbc.co.uk

Jack Straw issues ‘veto’ certificate under the Freedom of Information Act – Ministry of Justice

“Justice Secretary Jack Straw has issued a ‘veto’ certificate under section 53 of the Freedom of Information Act, overruling the Information Tribunal’s decision of 23 June 2009.”

Full press release

Ministry of Justice, 10th December 2009

Source: www.justice.gov.uk

Judges’ torture ruling harmed UK security, says Foreign Office – The Guardian

“A top Foreign Office official has accused high court judges of damaging Britain’s national security by insisting that CIA evidence of British involvement in torture must be revealed.”

Full story

The Guardian, 12th November 2009

Source: www.guardian.co.uk

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

“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

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.

Hussain (Zakir) v Secretary of State for the Home Department – Times Law Reports

Hussain (Zakir) v Secretary of State for the Home Department

Court of Appeal

“Evasion of immigration controls for a long time was not in itself a reason for deciding that an applicant, unlawfully in the United Kingdom, should not be allowed to stay.”

The Times, 9th April 2009

Source: www.timesonline.co.uk

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd – Times Law Reports

Secretary of State for Business, Enterprise and Regulatory Reform v Amway (UK) Ltd

Court of Appeal

“Where winding-up proceedings were brought against a company because its trading practices were ‘inherently objectionable’ under section 124A of the Insolvency Act 1986, as inserted by section 60(3) of the Companies Act 1989, it was open to the judge to dismiss the proceedings on the basis of assurances from the company that the objectionable features of its business model would be reformed.”

The Times, 18th March 2009

Source: www.timesonline.co.uk

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

Chairman sends detailed letter to the Legal Services Board – The Bar Council

“The Chairman of the Bar , Desmond Browne QC, has sent a letter to the Legal Services Board in response to its draft business plan. The detailed letter raises various areas of concern, including the fact that “promoting and protecting the public interest” is not set out as a regulatory objective.”

The full text of the Chairman’s letter

The Bar Council, 16th March 2009

Source: www.barcouncil.org.uk

Straw vetoes publication of cabinet Iraq war minutes – The Guardian

“Jack Straw today said he would take the unprecedented step of vetoing the release of cabinet minutes relating to the decision to invade Iraq.”

Full story

The Guardian, 24th February 2009

Source: www.guardian.co.uk

Jack Straw issues ‘veto’ certificate under the Freedom of Information Act – Ministry of Justice

“Justice Secretary Jack Straw has issued a ‘veto’ certificate under section 53 of the Freedom of Information Act (2000), overruling the Information Tribunal’s decision of 27 January upholding the Information Commissioner’s decision of 19 February 2008.”

Full story

Ministry of Justice, 23rd February 2009

Source: www.justice.gov.uk

Floe Telecom Ltd v Office of Communications and Another – Times Law Reports

Floe Telecom Ltd v Office of Communications and Another

Court of Appeal

“Where a tribunal had made unnecessary findings which were damaging to the public interest, it was appropriate for the Court of Appeal to entertain the regulator’s appeal against those findings although he had won.”

The Times,23rd February 2009

Source: www.timesonline.co.uk

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 (4) – WLR Daily

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36

“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”

WLR Daily, 5th February 2009

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.

Regina v Guy’s and St Thomas’s NHS Trust – Times Law Reports

Regina v Guy’s and St Thomas’s NHS Trust

Court of Appeal

“It was against the public interest to punish by a large fine a not-for-profit organisation, carrying out work for the public benefit, where a failing occurred without fault on the part of that body, but through an act or default of an employee, to whom the task was properly delegated and who was properly trained.”

The Times, 10th October 2008

Source: www.timesonline.co.uk

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

Seaga v Harper – Times Law Reports

Seaga v Harper

Privy Council

“The defence of qualified privilege established in Reynolds v Times Newspapers Ltd ([2001] 2 AC 127) was available not only to the press and broadcasting media but could also extend to the publication by any person of material of public interest.”

The Times, 15th February 2008

Source: www.timesonline.co.uk

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

Commissioner of Police of Bermuda and Another v Bermuda Broadcasting Co Ltd and Others – Times Law Reports

Commissioner of Police of Bermuda and Another v Bermuda Broadcasting Co Ltd and Others

Privy Council

“The public interest in the freedom of the media to disseminate information relating to those who submitted themselves for election as legislators overrode the public interest in maintaining the confidentiality of documents relating to a police investigation into allegations of corruption.”

The Times, 24th January 2008

Source: www.timesonline.co.uk

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