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16 July 2010
Issue: 7426 / Categories: Case law , Law digest
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Police

R (on the application of C) v Secretary of State for the Home Department and another [2010] EWHC 1601 (Admin), [2010] All ER (D) 25 (Jul)

Section 113B(4) of the Police Act 1997 required the chief officer—on meeting a request from the secretary of state, considering the issue of an enhanced criminal record certificate—to have regard to sub-para (a), which set out a relevance test, and sub-para (b), which involved the issue of proportionality, ie setting a balance between the importance and desirability of providing information on the one hand against, on the other, the degree of interference with and the likely consequences of such interference in the private life of the person to whom the information related.

The decision was expressly that of the chief officer; context was relevant; there was no presumption to be made against disclosure and nor was there a presumption to be made in favour of disclosure; the balance required by proportionality necessitated a close attention by the decision-maker to detail; relevant in striking the balance was the force of the accusations; and it

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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