Category: Information

Various Claimants v Wm Morrison Supermarkets Plc: QBD 16 May 2018

Judges:

Langstaff J

Citations:

[2018] EWHC 1123 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Various Claimants v WM Morrisons Supermarket Plc QBD 1-Dec-2017
The defendant employer had had confidential information of many of its staff taken and disclosed by a rogue employee. The employees now sought compensation. The main issue was whether the company was directly or vicariously liable for the tort.
Cited – O, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Apr-2016
The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending . .
Lists of cited by and citing cases may be incomplete.

Information, Vicarious Liability

Updated: 22 April 2022; Ref: scu.616161

Scotland for Animals v Scottish Ministers: SIC 5 Jun 2014

SIC Cross-Party Group on Animal Welfare – On 8 July 2013, Scotland for Animals (SfA) asked the Scottish Ministers (the Ministers) for correspondence relating to the Cross Party Group on Animal Welfare (the CPGAW). The Ministers responded that the request was vexatious. Following an investigation, the Commissioner accepted that the request was vexatious.

Judges:

Cross-Party Group on Animal Welfare

Citations:

[2014] ScotIC 119 – 2014

Links:

Bailii

Jurisdiction:

Scotland

Information

Updated: 20 April 2022; Ref: scu.535091

In re J (a Child) (Care Proceedings: Disclosure): FD 9 May 2003

A report had been prepared by the local authority into the way in which it had handled the proceedings. The guardian sought to inspect the report and the authority resisted, claiming public interest immunity.
Held: The report had been prepared in connection with the matters underlying the proceedings. By virtue of the Act, the child’s guardian had the right to inspect all such documents irrespective of any rule of law or enactment otherwise preventing disclosure. The child had been removed from the home and medically examined, but the mother had not been given the true reasons for the action. Later, before the guardian was appointed, the authority also misled the court. An order for disclosure had been made by the magistrates court, but resisted by the authority. Questions of Public Interest Immunity simply did not arise. Confidentiality would not be lost by disclosure to the guardian.

Judges:

Wall J

Citations:

Times 16-May-2003, Gazette 14-Aug-2003

Statutes:

Children Act 1989 42(3)

Jurisdiction:

England and Wales

Citing:

Applied – In Re R (A Child) (Care Proceedings: Disclosure) CA 18-Jul-2000
A guardian ad litem, representing one child, was entitled to see a report, prepared by the child protection committee of the local authority, which related to the death of the child’s sibling. Such a report constituted a report prepared by the . .
Lists of cited by and citing cases may be incomplete.

Children, Local Government, Information

Updated: 20 April 2022; Ref: scu.182217

In re R (Care: disclosure: nature of proceedings): FD 2002

In care proceedings, unproved allegations of harm were abandoned, before being rejected by the court. The threshold criteria were satisfied on a different ground, namely, neglect and emotional harm.
Held: As matters stood the local authority and the court should assess risk on the basis that the allegations of sexual abuse were just that and nothing more. Part of the background, and relevant as such, was that the allegations had been made. Also part of the background, and likewise relevant, was the fact that the allegations had not been proved and, as matters stood, would not be proved. It would be wrong for the local authority to deal with the family on the basis that it believed the children had been sexually abused. That overall approach accorded with the current reality.
Charles J said: ‘general statements that one sees in textbooks and hears that social work records are covered by public interest immunity, which is a widely stated class claim, should now be consigned to history.’

Judges:

Charles J

Citations:

[2002] 1 FLR 755, [2001] EWHC Fam 8, [2002] Fam Law 253

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – In re O and N (Minors); In re B (Minors) (Care: Preliminary hearing) HL 3-Apr-2003
The appeals were from conflicting decisions in care applications where one or other or both parents were guilty of lack of care, but there was no evidence to say which was responsible.
Held: The threshold criteria had been met, and the court . .
Cited – In re T (Children) SC 25-Jul-2012
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house . .
Cited – Durham County Council v Dunn CA 13-Dec-2012
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and . .
Cited – Durham County Council v Dunn CA 13-Dec-2012
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and . .
Lists of cited by and citing cases may be incomplete.

Children, Information

Updated: 20 April 2022; Ref: scu.180423