The claimant, the son of the leader of Libya, sought damages for defamation from the defendant for an article alleging his involvement in criminal activities. The defendant appealed orders striking out certain parts of his defence, and the claimant appealed orders leaving other parts in place. Was there a qualified privilege for the articles because … Continue reading Gaddafi v Telegraph Group Ltd: CA 28 Oct 1998
The defendant, a structural engineer, was retained by the plaintiffs in a claim against insurers for the costs of remedying subsidence of the plaintiffs’ house. He advised total underpinning for pounds 77,000, but later while preparing a joint report with the insurers’ expert witness, he was persuaded to agree that infilling with polystyrene, at a … Continue reading Stanton and Another v Callaghan and Others: CA 8 Jul 1998
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005
A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing for directions was heard ‘in chambers’ and an issue arose as to what the parties could say about that … Continue reading Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc: CA 12 Feb 1998
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the prosecution, and subject to disclosure requirements accordingly. The prosecution replied that the meter manufacturer specifications were protected as confidential. … Continue reading Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy: Admn 19 Jan 2006
The respondent had made an order banning the processing of milk products from the interested party’s farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. Held: Proportionality itself is not always equated with intense scrutiny Judges: Lord Bingham of Cornhill LCJ, … Continue reading Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested: CA 1 Jul 1999
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
Where extra publicity might attach to proceedings because of the celebrity of the parents, it was wrong to attach extra restrictions on reporting without proper cause. There remains a need to balance the need for the freedom of speech and the child’s interests. That balance does not always fall one way.Thorpe LJ said that the … Continue reading In Re G (Minors) (Celebrities: Publicity): CA 4 Nov 1998
The Court gave guidance setting out recommended practice regarding any application for interim injunctive relief in civil proceedings to restrain the publication of information (referred to as an interim non-disclosure order). In particular guidance was provided as to ‘the proper approach to the general principle of open justice in respect of such applications’. Applications which … Continue reading Practice Guidance (Interim Non-disclosure Orders): 1 Jul 2011
A request for assistance came from the United States pursuant to the Mutual Legal Assistance Treaty of 2nd December 1996. Pill LJ, giving the first judgment stressed the need for candour and full disclosure when a warrant is being sought, quoting Bingham LJ in ex parte Hill that the judge ‘should be told anything to … Continue reading Regina v Director of Serious Fraud Office ex parte KM and others: 7 Apr 1998
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship proceedings. Held: What was published was ‘information relating to [the] proceedings’ within … Continue reading In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977
The columnist Nigel Dempster had written that the mother in forthcoming proceedings relating to a child was a bad mother. Held: The article was a contempt of court. Such an allegation required proof to the criminal standard. At common law the publisher had no liability in contempt without knowledge. Contempt applied as regards wards of … Continue reading X v Dempster: FD 9 Nov 1998
Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998
Conflicts of Duty with former Client The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of which Prince Jefri had been chairman, to investigate the whereabouts … Continue reading Prince Jefri Bolkiah v KPMG (A Firm): HL 16 Dec 1998
Discosure of Confidences must be at risk H sought to restrain W’s solicitors from acting. The firm was one of six firms approached to consider representing H, and he now said that certain matters had been diviluged to the firm. Held: The legal principles were clear, and it was for H to establish that some … Continue reading ZS v FS (Application To Prevent Solicitor Acting): FD 24 Oct 2017
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later trial of others. The plaintiff sought damages in defamation. Held: The documents which … Continue reading Taylor and Others v Director of The Serious Fraud Office and Others: HL 29 Oct 1998
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
References: Unreported, 7 April 1998 Coram: Pill LJ A request for assistance came from the United States pursuant to the Mutual Legal Assistance Treaty of 2nd December 1996. Pill LJ, giving the first judgment stressed the need for candour and full disclosure when a warrant is being sought, quoting Bingham LJ in ex parte Hill … Continue reading Regina v Director of Serious Fraud Office ex parte KM and others; 7 Apr 1998
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EAT VICTIMISATION DISCRIMINATION: Protected disclosureThe claimant, who had less than one year’s continuous employment fell out with his fellow directors and equal shareholders. He was removed as a director. His solicitors wrote on his behalf stating that they had given advice to their client as a shareholder, director and employee. The Employment Tribunal erred in … Continue reading Cavendish Munro Professional Risks Management Ltd v Geduld (Rev 1): EAT 6 Aug 2009
The complainant requested information from the Independent Office for Police Conduct (‘IOPC’) relating to email correspondence sent or received by a number of named IOPC staff members, and a list concerning a matter about issues raised under the Public Interest Disclosure Act 1998 (‘PIDA’). The IOPC stated it can neither confirm nor deny that information … Continue reading Independent Office for Police Conduct (Police and Criminal Justice): ICO 7 Jun 2022
EAT The claimant had worked as an adviser for the respondent identifying investment opportunities. He said he had been unfairly dismissed after disclosing that the company had overpaid for an investment. He now appealed against a finding that any disclosures were not made in good faith and were not qualifying disclosures. Though his dismissal had … Continue reading Bachnak v Emerging Markets Partnership (Europe) Ltd: EAT 27 Jan 2006
The court considered the damages to be awarded to a whistle blower on dismissal. Held: The employee was entitled to damages for injuries to his feelings up to the point of his dismissal. Where there was available any adjustment in respect of any advanced payment there should equally be an increase in rate for any … Continue reading A V Melia v Magna Kansei Ltd: CA 4 Nov 2005
EAT Public Interest Disclosure – On the evidence and on the chronology presented to the Employment Tribunal there were no grounds for finding that the Claimant’s protected disclosures were not made in good faith. The Tribunal failed to make a finding as to the reason for dismissal and that issue was remitted. The Tribunal did … Continue reading Lucas v Chichester Diocesan Housing Association Ltd: EAT 7 Feb 2005
The applicant was a school nurse who was suspended after disclosing facts about her employers. She said that the employers were in breach of the Act in failing to re-instate her once the 1998 Act came into force. Held: The events about which complaint could be made all came before the Act came into effect … Continue reading Pinnington v City and County of Swansea and Another: CA 3 Feb 2005
Application for leave to appeal. Judges: Longmore LJ Citations: [2002] EWCA Civ 855 Links: Bailii Statutes: Public Interest Disclosure Act 1998 Jurisdiction: England and Wales Employment Updated: 23 June 2022; Ref: scu.217154
In a protected disclosure case, time runs from the occurrence of the alleged detriment and not from the alleged disclosure.Lord Nimmo Smith said: ‘It would appear to us to be consistent with the main purpose of the 1998 Act to approach the matter in this way, as to construe it in the manner suggested by … Continue reading Stolt Offshore Ltd v Miklaszewicz: SCS 21 Dec 2001
The claimant alleged that she had been dismissed for making qualifying disclosures about her employers. The employer said that her actions had not been in good faith. The claimant answered that her motive was irrelevant. The claimant appealed dismissal of her claim. Held: The minimum requirement of the Act was that the disclosures were made … Continue reading Street v Derbyshire Unemployed Workers’ Centre: CA 21 Jul 2004
Citations: [2003] EAT 0518 – 02 – 1703, [2003] UKEAT 0518 – 02 – 1703 Links: Bailii, Bailii Statutes: Public Interest Disclosure Act 1998 Jurisdiction: England and Wales Employment Updated: 08 June 2022; Ref: scu.189298
The employee claimed that he had been unlawfully dismissed, and that his dismissal broke the protection given to whistleblowers under the Act. The employer appealed. Held: In such claims it was necessary first for the tribunal to establish whether it had jurisdiction, by testing whether a protected disclosure had taken place, and whether that had … Continue reading ALM Medical Services Limited v Bryan Bladon: CA 26 Jul 2002
The applicant had been employed for a short period. He was dismissed, and he claimed that this was because he had made a protected disclosure in complaining about the respondent’s health and safety practices. He had applied for interim relief. The respondent company had asked that the claim be treated as vexatious, and at the … Continue reading Parkins v Sodexho Ltd: EAT 22 Jun 2001
The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights. Held: As an office holder, she was neither employee nor worker, and … Continue reading Gilham v Ministry of Justice: SC 16 Oct 2019
The complainant requested information held by Wakefield Metropolitan District Council (the council) in relation to the settlement of employment tribunal proceedings brought by six former council employees under the Public Interest Disclosure Act 1998 who were dismissed for whistle blowing. In particular, he asked for the total amount paid to the former employees. The council … Continue reading Wakefield Metropolitan District Council (Decision Notice): ICO 14 Oct 2009
EAT Unfair Dismissal – ‘This case is about whistle blowing, the treatment of an employee who makes disclosure in the public interest about wrong doing by others. ‘ Judges: His Hon Judge McMullen QC Citations: EAT/54/03 Links: EAT Statutes: Public Interest Disclosure Act 1998 Cited by: Appeal from – De Haney v Mind and Another … Continue reading De Haney v Mind, Lang: EAT 10 Apr 2003
Jurisdictional Points: Worker, Employee or Neither – The Employment Judge made no error of law in concluding that District Judges are office-holders and do not also work under a contract of employment or for services. Judges: Simler DBE P J Citations: [2016] UKEAT 0087 – 16 – 3110, [2017] ICR 404, [2017] IRLR 23 Links: … Continue reading Gilham v Ministry of Justice: EAT 31 Oct 2016
Appeal by employment judge against dismissal of whistleblower’s claim. Held: Dismissed. An employment judge is an office-holder, and neither office holder nor worker. Judges: Lady Justice Gloster (Vice President of the Court of Appeal (Civil Division)) Lord Justice Underhill And Lord Justice Singh Citations: [2017] EWCA Civ 2220, [2018] IRLR 315, [2018] 3 All ER … Continue reading Gilham v Ministry of Justice: CA 21 Dec 2017
UTAA Jobseekers allowance – voluntary unemployment – ‘This case raises some interesting and difficult questions about the relevance to the provision in section 19(6)(a) of the Jobseekers Act 1995 for a ‘sanction’ (ie the identification of a period up to 26 weeks for which jobseeker’s allowance (JSA) is not payable) where a claimant has ‘lost … Continue reading AA v Secretary of State for Work and Pensions: UTAA 15 Mar 2012
The appellant challenged reversal by the EAT of a finding that it had not unlawfully victimised the respondents for the making of a protected disclosure. The claimant had reported a co-worker exaggerating his qualifications. After repeated investigations, the employer decided that the apology from the employee was enough. When the claimant persisted the employee who … Continue reading NHS Manchester v Fecitt and Others: CA 25 Oct 2011
The employee alleged harassment and bullying against a more senior officer. After an investigation and appeal, the respondent found against the applicant, and withdrew his work on the television. He complained that he had been made subject to . .
Reports, which had been prepared for the purposes of a police complaint procedure, could be entitled to protection from disclosure under a public interest immunity certificate. The court also considered the relationship between the documentation and the decision as to whether a trial wasto be by judge alone, or with a jury. Cost is also … Continue reading Taylor v Anderton (Police Complaints Authority Intervening): CA 19 Jan 1995
The complainant has requested information relating to the suspension of the former Town Clerk of Oakengates Town Council. The council refused the request, withholding the information under the exemptions for law enforcement, commercial interests and personal data. The Commissioner’s decision is that all the requested information constitutes the personal data of a third party and … Continue reading Oakengates Town Council (Decision Notice): ICO 4 Oct 2012
The claimant sought an injunction to restrain the defendants from broadcasting a film, claiming that it contained confidential material. A journalist working undercover sought to reveal what he said were unhealthy practices in the claimant’s meat processing plant. A claim under defamation would not restrict publication where a defence of justification might be anticipated. The … Continue reading Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The court considered whether the state in which enforcement of a judgment will take place should be the place where the debt is situated upon which it is sought to execute. Held: There was nothing to preclude English courts from granting Mareva type injunctions against defendants extending to assets outside the jurisdiction, but the court … Continue reading Babanaft International Co SA v Bassatne: CA 30 Jun 1988
ECHR Article 10-1Freedom to impart informationCriminal conviction for making public irregular telephone tapping procedures: violationFacts – The first applicant worked in the telephone communications surveillance and recording department of a military unit of the Romanian Intelligence Service (RIS). In the course of his work he came across a number of irregularities. In addition, the telephones … Continue reading Bucur And Toma v Romania: ECHR 8 Jan 2013
Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents … Continue reading Mahon and Another v Rahn and Others (1): CA 12 Jun 1997
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the perjury. Held: The court had to balance the competing needs of fairness and expedition. There was nothing … Continue reading Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003
Documents had been disclosed by the Police Complaints Authority under court order for an appeal against conviction. They related to an investigation of the conduct of police officers who had given evidence against the appellant. The newspaper, now being sued for libel by the same police officers, applied for the accused to be given leave … Continue reading Ex parte Coventry Newspapers Ltd: CA 1993
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there … Continue reading Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003
The defendant had been wrongly convicted of IRA bombings. She said that the prosecution had failed to disclose evidence. Held: The prosecution’s forensic scientists are under a common law duty to disclose to the defence anything they may discover which may assist the defendant. ‘Non-disclosure is a potent source of injustice and even with the … Continue reading Regina v Ward (Judith): CACD 15 Jul 1992
The Authority had obtained and executed a search warrant against the defendant’s premises, but now sought to restrain disclosure of the materials upon which it had obtained that warrant, asserting Public Interest Immunity. Held: An application to vary or revoke the warrant must be at an inter partes rehearing. At that rehearing eh court must … Continue reading The Competition and Markets Authority v Concordia International Rx (UK) Ltd: ChD 16 Nov 2017
A prisoner had the right to know the gist (though not the full contents) of reports used in deciding on a review of his security status. (Lord Woolf MR) ‘For my part, I accept that it is desirable, when something has the impact which being placed in category A has on a prisoner, that the … Continue reading Regina v Secretary of State for Home Department ex parte McAvoy: CA 3 Dec 1997
The applicant sought disclosure of certain organisations who had provided placements for those seeking work. They said that in the past disclosure had led to adverse publicity for those organisations, and refused disclosure under the department’s commercial interests and those of the organisations involved. The Department now appealed from a decision that the qualified exemption … Continue reading Department for Work and Pensions v The Information Commissioner and Another: CA 27 Jul 2016
The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued that disclosure beyong ‘gist’ reports would threaten the system of categorisation, which was … Continue reading Lord, Regina (on the Application of) v Secretary of State for the Home Department: Admn 1 Sep 2003
Public Interest Immunity Certificates for the protection of informants must be used only carefully. The Crown must specify the purpose of the public interest immunity certificate. The principles on disclosure in Ward are not limited to scientific evidence. The great principle is that of open justice: ‘If the disputed material may prove the defendant’s innocence … Continue reading Regina v Keane: CACD 15 Mar 1994
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties might not obtain documents on the court file. Held: The applicant X was entitled … Continue reading ABC Ltd v Y: ChD 6 Dec 2010
The complainant requested information relating to the ICO’s investigation into the unlawful trade in confidential personal information which was known as Operation Motorman. This included within its scope the names of journalists, the names of publications and types of data linked to transactions identified in the ‘What Price Privacy Now’ report. It also included the … Continue reading Information Commissioner (Decision Notice) FS50419834: ICO 9 Aug 2012
The complainant has requested a copy of a financial viability assessment relating to a large housing development at the Elephant and Castle in London. London Borough of Southwark refused the request, withholding the information under the exception for the confidentiality of commercial or industrial information. During the course of the Commissioner’s investigation the council applied … Continue reading Southwark Council (Decision Notice): ICO 18 Jul 2013
The claimant sought to prevent publication of his name in the context of the making of a Sexual Offences Prevention Order (SOPO). He had been convicted of offences against sex workers. An order had been made preventing disclosure of his address, but not his name. Held: The claim should be struck out. The existing articles … Continue reading Allen v The Grimsby Telegraph and Another: QBD 2 Mar 2011
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
The defendant resisted an order preventing disclosure of information said by the claimant to be private. Held: At the start of the hearing before herself, she had been told that the application for an interim injunction was no longer opposed. Subject to its right to apply to discharge or vary the order, NGN had agreed … Continue reading MNB v News Group Newspapers Ltd: QBD 9 Mar 2011
ICO The complainant requested information relating to bullying complaints at the College and also information about 3 teachers at the College. The College stated that it did not hold information relating to bullying complaints and refused to provide information requested about 3 teachers on the grounds that disclosure would contravene the requirements of the Data … Continue reading Garforth Community College (Decision Notice): ICO 22 Nov 2006
The applicant sought damages for the defendant having infringed her privacy in several ways, including under the 1998 Act. The defendant argued that she had invited publicity and had misled the public as to her drug problem. A photograch had been taken as she left a drug rehabilitation group meeting. Held: The fact that she … Continue reading Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002
Whether to appoint special advocate. The Authority wished to pursue an investigation relying upon material for which it asserted Public Interest Immunity. Judges: Paul Matthews HHJ Citations: [2018] EWHC 3158 (Ch) Links: Bailii Statutes: Competition Act 1998 28 Jurisdiction: England and Wales Citing: See Also – The Competition and Markets Authority v Concordia International Rx … Continue reading The Competition and Markets Authority v Concordia International Rx (UK) Ltd: ChD 8 Nov 2018
Application to vary search warrant. Held: Refused. Judges: Marcus Smith J Citations: [2019] EWHC 47 (Ch), [2019] Bus LR 1000, [2019] WLR(D) 20 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: See Also – The Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 16-Nov-2017 The Authority had obtained and executed a search … Continue reading The Competition and Markets Authority v Concordia International Rx (UK) Ltd: ChD 16 Jan 2019
Challenge to search warrants issued under the 1998 Act. Judges: Justice Marcus Smith Citations: [2018] EWHC 3448 (Ch) Links: Bailii Statutes: Competition Act 1998 28 Jurisdiction: England and Wales Citing: See Also – The Competition and Markets Authority v Concordia International Rx (UK) Ltd ChD 16-Nov-2017 The Authority had obtained and executed a search warrant … Continue reading The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd: ChD 12 Dec 2018
The Authority had obtained a search warrant on an ex parte application. The defendant sought a rehearing, but the Authority sought to rely upon material for which it now asserted public interest immunity in material already used. At first instance, the court said that the Authority could only use such material by way of a … Continue reading The Competition and Markets Authority (CMA) v Concordia International Rx (UK) Ltd: CA 7 Aug 2018
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee maintained a list of persons and entities subject to the asset freeze imposed on persons ‘associated … Continue reading Youssef v Secretary of State for Foreign and Commonwealth Affairs: SC 27 Jan 2016
A solicitor moving from a firm acting on one side of a dispute to the firm on the other side must be able to show that no conflict of interest would arise. The court should intervene unless it is satisfied that there is no risk of disclosure. It goes without saying that the risk must … Continue reading In Re A Firm of Solicitors: ChD 9 May 1995
The claimant police officer complained of an alleged defamation in an article published by the defendant. The defendant wished to obtain information from the IPCC to show that they were investigating the matter as a credible issue. The court considered applications relating to the disclosure of private materials given to the Independent Police Complaints Commission … Continue reading Flood v Times Newspapers Ltd and others: QBD 5 Mar 2009
The defendant was the claimant’s daughter in law. In the course of a bitter divorce she made allegations to the police which were investigated but did not lead to a prosecution. The claimant appealed dismissal of his claim for defamation on the basis that such a complaint was protected by absolute privilege. Held: The claimant’s … Continue reading Westcott v Westcott: CA 15 Jul 2008
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to deny the claimants’ title. Held: The appeal failed. A finding by the ECHR that a particular … Continue reading Ofulue and Another v Bossert: CA 29 Jan 2008
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007
The claimant sought to bring an action for defamation based upon communications made in a child protection conference. The reference was in a Report for Conference to be held pursuant to the duties imposed on local authorities by the Children Act that there was ‘concern that [the claimant] might be grooming S for prostitution.’ The … Continue reading W v Westminster City Council and Others: QBD 9 Dec 2004
The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to obey it. Associated Newspapers had agreed to an undertaking, but then were served with … Continue reading X and Y v Persons Unknown: QBD 8 Nov 2006
The doctor complained of the use of Alert letters where he was suspected of sexual abuse of patients, but the allegations were unsubstantiated. He complained particularly that he had been acquitted in a criminal court and then also by the professional conduct committee of the GMC. Held: There had been very poor administration of the … Continue reading Dr D, Regina (on the Application of) v Secretary of State for Health: CA 19 Jul 2006
The claimant had been employed as an IT teacher. He was disciplined for testing the school’s computer system and revealing that it was open to abuse by hackers. He complained that this had been a qualifying protected disclosure under the 1996 Act. The claimant now sought leave to appeal. Held: Leave was granted. The single … Continue reading Bolton School v Evans: CA 9 May 2006
The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
The defendant appealed his convictions for robbery. He had been subject to a dock identification, and he complained that the prosecution had failed in its duties of disclosure. Held: The combination of several failings meant that the defendant had not received a fair trial, and the appeal was allowed. The practice of dock identification was … Continue reading Holland v Her Majesty’s Advocate (Devolution): PC 11 May 2005
(Devolution) The defendant complained that the prosecutor had failed to disclose all the witness statements taken, which hid inconsistencies in their versions of events. Held: The appeal was allowed. It was fundamental to a fair trial that the parties have equality of arms, but in a criminal trial the rights were entirely in the defendant. … Continue reading Sinclair v Her Majesty’s Advocate: PC 11 May 2005
The complainant’s son died in a traffic incident which occurred on the A1(M) in Hertfordshire in July 2003. Since then he has been in correspondence with the public authority seeking access to information relating to its investigation of this incident. Partial disclosure had been made to him as the father of the deceased (not as … Continue reading Hertfordshire Constabulary (Decision Notice): ICO 28 Feb 2008
The defendants appealed against their convictions for conspiracy to manufacture and distribute counterfeit Microsoft products. They said that inadequate disclosure had been provided by Microsoft. The principal witness was a participating informant whose evidence had contained many demonstrable lies. Held: Longmore LJ said: ‘the Crown does have obligations in respect of material in the hands … Continue reading Regina v Alibhai and Others: CACD 30 Mar 2004
The complainant has requested information concerning a list of Articles in Directive 95/46/EC (the repealed Data Protection Directive) which the European Commission have alleged were not implemented properly by the UK Government via the provisions in the (repealed) Data Protection Act 1998 and identification of the sections in the 1998 Act to which each allegation … Continue reading Department for Digital, Culture, Media and Sport (Central Government): ICO 5 Feb 2020
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable. Held: The 1996 Act created a duty of secondary disclosure, where a defence statement might be of assistance to the co-defendants. Actual disclosure remained for … Continue reading Regina v Cairns; Regina v Zaldi, Regina v Chaudary: CACD 22 Nov 2002
The claimants sought an interlocutory injunction restraining the defendants from publishing a report in breach of a contractual duty of confidence. This was granted but then discharged on the defendant undertaking only to publish a redacted version. On an application for permission to appeal, it was alleged that Sullivan J had wrongly conducted a balancing … Continue reading London Regional Transport, London Underground Limited v Mayor of London Transport for London: CA 24 Aug 2001
The prosecution have a duty to disclose to the defence the statement of an adverse witness and not just to provide the name and address, even though that person was not seen as credible witness by the prosecution. ‘the rule in Bryant and Dickson is not in conformity with the principles relating to disclosure established … Continue reading Regina v Mills, Regina v Poole: HL 24 Jul 1997
