vesperala Posted January 5, 2008 Report Share Posted January 5, 2008 "If you wish to see the rainbow be prepared to endure the storm" press cltrl+v and let us see what you did recently..:P add a comment if you wish to... Quote Link to comment Share on other sites More sharing options...
Chancellor Posted January 5, 2008 Report Share Posted January 5, 2008 I haven't done much on my computer today so when I pressed Ctrl+V I got a section of a legal argument I am working on as that was the last bit I copied from one document to another... So I am not sure if you would want to see it. It is probably very boring to read... But I'll post it if you want Quote Link to comment Share on other sites More sharing options...
vesperala Posted January 5, 2008 Author Report Share Posted January 5, 2008 I haven't done much on my computer today so when I pressed Ctrl+V I got a section of a legal argument I am working on as that was the last bit I copied from one document to another... So I am not sure if you would want to see it. It is probably very boring to read... But I'll post it if you want sure, why not.. We could not locate a member by that name, please try again I translate a file for the forum into romanian: membrul cu acest nume nu a putut fi gasit, te rog incearca iar...) Quote Link to comment Share on other sites More sharing options...
Chancellor Posted January 5, 2008 Report Share Posted January 5, 2008 Well... you asked for it :P Additionally, the exemption contained within Section 41(1) that information is exempt information if disclosure of the information by the public authority holding it would constitute a breach of confidence actionable by that or any other person is equally inapplicable. Firstly, it is important to note that this exemption only covers information received from another person in confidence and does not apply to all material which Northumbria Police may of itself regard as confidential. Secondly, the scope of Section 41 is defined by reference to the equitable action for breach of confidence. In order to fully understand its scope, it is necessary to consider for a moment how that form of legal action operates. (i) Whilst Section 41 is classed as an absolute exemption under the Act, its classification as such is rather misleading. Notably because any action for breach of confidence contains of itself an inherent public interest limitation.(ii) Also, the use of the term actionable in Section 41( b ) does not mean that the exemption will apply whenever a public authority would arguably breach a duty of confidence by disclosing information. It will only apply when disclosure would actually constitute a breach of confidence. (See Hansard HL, 25 October 2000, col 415-16).An action for breach of confidence can be brought to prevent the disclosure of commercial, personal and official information of a confidential nature. The most frequently cited legal definition of the necessary constituents for the action was given by Megarry J. in Coco v A. N. Clark (Engineers) Ltd [1969] RPC41 at 47: In my judgement, three elements are normally required if, apart from contract, a case of breach of confidence is to succeed. First, the information itself . . . must have the necessary quality of confidence about it. Secondly, that information must have been imparted in circumstances importing an obligation of confidence. Thirdly, there must be an unauthorized use of that information to the detriment of the person communicating it. The circumstances under which an obligation of confidence (the second requirement referred to in the definition above) can arise varies considerably. At its simplest level, an obligation of confidence expressly imposed by a confidant and expressly accepted by a recipient of information will create an obligation of confidence in equity and possibly in contract also. However, in other cases, an obligation can arise as a consequence of the relationship between the parties (such as a doctor patient or a lawyer client relationship) or it can be implied from the circumstances under which a particular disclosure is made (See Hellewell v Chief Constable of Derbyshire [1995] 1 WLR 804). A public authority is therefore under an obligation of confidence where it has accepted information on the express understanding that it will remain confidential. That is certainly not the case here. It will further be bound by an obligation of confidence where the circumstances in which it receives the information suggest that it is to be held confidentially. That too is not the case. An obligation of confidence can also occur where information is supplied to the public authority by someone other than the person to whom the obligation of confidence was originally owed. Once again, this is not the case in this instance. I am presuming that the information to which you are referring includes witness statements and similar such material provided by third parties? (If not, please clarify). Witness statements are not provided to the police with any expectation of confidentiality. They are by their very nature intended for public disclosure in a court of law. I have given many witness statements to various police forces in both my public and private roles. I have on each occasion been asked whether I understand that I may be required to attend court to be questioned (examined, cross examined or re-examined) in relation to that which I have offered in evidence. I have not had now nor would I ever expect to have any expectation of confidentiality in relation to that which I have stated. Furthermore, there is a vast difference between information provided in confidence such as by an informant and information voluntarily disclosed by any person. With regard to any suggested breach of confidence being actionable by that or any other person in Section 41( b ) I would submit the following: As established earlier, we are dealing here with an action for an actual as opposed to an arguable breach of confidence. The events detailed within Northumbria Polices files occurred over 75 years ago. None of the 27 primary witnesses are still alive. The immediate family members of Miss Foster are deceased. All of the police officers involved in this matter are deceased. The coroner and every member of the coroners jury and their immediate families are all deceased. Each of the journalists who reported on the case for the North Mail, the Sporting Man, the Illustrated Police News, the Newcastle Daily Journal and Evening Chronicle, together with the national press are all deceased. As is Sir Ernley Blackwell KCB and J. R. Clynes from the Home Office, who were petitioned by Miss Fosters father Joseph. Professor Stuart McDonald, the pathologist, and the doctor on call on the evening of Evies death Duncan MacEachran is deceased as are the solicitors for both the Foster family and Northumbria Police Messers Bates and Smirk respectively. It is widely believed and reference is made to this in Home Office records, that Miss Fosters death could have been caused by Ernest Brown who was himself executed in 1934. Any of these people would, as I am sure you will agree, find it difficult to bring any action for a breach of confidence! Precisely whom therefore, do you consider able to bring an action for breach of confidence thereby warranting your application of this exemption? Sorry . . . Just in case you are curious, this is part of an ongoing case I am involved in and this excerpt is a section from the most recent legal argument I have used (the whole thing is ten pages long). I wish I'd had something more interesting to have posted Quote Link to comment Share on other sites More sharing options...
amadino Posted January 5, 2008 Report Share Posted January 5, 2008 SUPARAT !!!!!!!!!!! Group Icon Grup: Demolator Postari: 609 Nr. membrului: 5 Inregistrat: 30-December 07 Warn: (0%) ----- a dati voi si la mine smile.gif http://t0r0nt0.myminicity.com http://t0r0nt0.myminicity.com/ind :D click on /ind plz Quote Link to comment Share on other sites More sharing options...
Chancellor Posted January 5, 2008 Report Share Posted January 5, 2008 http://t0r0nt0.myminicity.com http://t0r0nt0.myminicity.com/ind :D click on /ind plz Have just clicked :D Quote Link to comment Share on other sites More sharing options...
vesperala Posted January 5, 2008 Author Report Share Posted January 5, 2008 Have just clicked :D here is some or is my impression? what is in your clipboard now? Collapse Category Users and Groups Pre-Register Find/Edit/Suspend User Delete User(s) List Suspended Users Ban Settings User Title/Ranks Manage User Groups Manage Validating Custom Profile Fields Bulk Email Members Member Tools interesting, isn't in? Quote Link to comment Share on other sites More sharing options...
amadino Posted January 5, 2008 Report Share Posted January 5, 2008 Have just clicked :D thanks :D my last copy :D Quote Link to comment Share on other sites More sharing options...
Chancellor Posted January 5, 2008 Report Share Posted January 5, 2008 here is some or is my impression? Oops! Sorry... Quote Link to comment Share on other sites More sharing options...
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