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03 September 2021 / Polly Rodway , James Hockley , Clare Brereton
Issue: 7946 / Categories: Features , Employment
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Whistleblowing claims: out in the open?

56054
Interim relief in whistleblowing claims: James Hockley, Clare Brereton & Polly Rodway weigh commercial embarrassment against the open justice principle
  • Millet is the first appellate authority confirming that hearings to determine applications for interim relief in whistleblowing claims should be heard in public.
  • Even where a hearing should be heard in public, a party might seek a privacy order under Rule 50 of the Employment Tribunal Rules of Procedure 2013. The party must meet a high evidential threshold.
  • Save in the most exceptional circumstances, evidence of commercial embarrassment or reputational damage will not override the principle of open justice.

Public interest is a necessary element of any whistleblowing claim; so surely it follows that the public should have access to every substantive stage of a whistleblowing claim, whether at an interim or final hearing?

This was affirmed on 15 January 2021 by Judge Tayler sitting alone in the Employment Appeal Tribunal (EAT) in Queensgate Investments LLP and others v Millet and The Media Lawyers Association (Intervenor)

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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