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Mosley v Google Inc and Another: QBD 15 Jan 2015

The claimant had successfully pursued action against a newpaper’s publication of a film of him engaging in sex with prostitutes, but others had retained copies of the film on-line. He now pursued an action against the search engine to oblige them to exclude such unauthorised films from their results. The defendant accepted that it operated … Continue reading Mosley v Google Inc and Another: QBD 15 Jan 2015

Leander v Sweden: ECHR 26 Mar 1987

Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987

Tillery Valley Foods v Channel Four Television, Shine Limited: ChD 18 May 2004

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

Bhatti and Others v Regina: CACD 30 Jul 2015

The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 Act. Held: The appeals failed. The defendants had expressly agreed in their credit applications and finance agreements … Continue reading Bhatti and Others v Regina: CACD 30 Jul 2015

Campbell v Mirror Group Newspapers Ltd: QBD 27 Mar 2002

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

Kennedy v The Charity Commission: SC 26 Mar 2014

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

Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002

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

Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis: SC 15 Feb 2017

The claimants had wanted to make a peaceful anti-monarchist demonstration during the wedding of the Duke and Duchess of Cambridge. They complained that the actions of the respondent police infringed their human rights by preventing that demonstration. Held: The appeal failed.The fundamental principle underlying article 5 is the need to protect the individual from arbitrary … Continue reading Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis: SC 15 Feb 2017

Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007

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

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002

The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid. Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive regulated the composition of tobacco products, and their packaging and labelling as Low Tar etc, it was valid. … Continue reading Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002

Gaskin v The United Kingdom: ECHR 7 Jul 1989

The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989

North York Moors National Park Authority (Decision Notice): ICO 10 Mar 2014

The complainant requested information from the North York Moors National Park Authority (the Authority) relating to a planning enforcement matter. The Authority withheld the requested information citing the exceptions in regulations 12(5)(b) (course of justice), 12(5)(e) (commercial confidentiality) and 13(2)(b) (personal information) of the Environmental Information Regulations (EIR). It is accepted by both parties that … Continue reading North York Moors National Park Authority (Decision Notice): ICO 10 Mar 2014

The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

(Scotland) By the 2014 Act, the Scottish Parliament had provided that each child should have a named person to monitor that child’s needs, with information about him or her shared as necessary. The Institute objected that the imposed obligation to share information was outwith the powers of the Parliament. It extended the information to be … Continue reading The Christian Institute and Others v The Lord Advocate: SC 28 Jul 2016

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013

Three claimants appealed against refusal of declarations that the response of the police to requests for Criminal Records Bureau enhanced checks, were a disproportionate interference in their right to private and family life, and in particular that the disclosure of old convictions infringed their human rights. Held: The appeals succeeded. The statutory system which required … Continue reading T, Regina (on The Application of) v Chief Constable of Greater Manchester and Others: CA 29 Jan 2013

Gallagher for Judicial Review (NI): SC 30 Jan 2019

Each appellant complained of the disclosure by the respondent of very old and minor offences to potential employers, destroying prospects of finding work. Two statutory schemes were challenged, raising two separate questions, namely whether any interference with Article 8 ECHR is: (1) ‘in accordance with the law’ (‘the legality test’) and (2) ‘necessary in a … Continue reading Gallagher for Judicial Review (NI): SC 30 Jan 2019

L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009

Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009

Newham London Borough Council (Local Government (Borough Council)): ICO 13 Jan 2015

ICO Local government (Borough council) The complainant has requested from Newham Council the total amount it has deducted from its elected councillors’ basic and where applicable special responsibility allowances and passed to funds/accounts controlled by the mayor, the Labour Group or the Labour Party between 6 April 2010 and 5 April 2014. Newham Council has … Continue reading Newham London Borough Council (Local Government (Borough Council)): ICO 13 Jan 2015

T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014

T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to disclose the warnings given to him violated the same right. Held: The … Continue reading T and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: SC 18 Jun 2014

Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

Police Data Retention Justifiable The appellants challenged the collection of data by the police, alleging that its retention interfered with their Article 8 rights. C complained of the retention of records of his lawful activities attending political demonstrations, and T complained of the retention of an harassment warning issued against him. The Commissioner now appealed … Continue reading Catt and T, Regina (on The Applications of) v Commissioner of Police of The Metropolis: SC 4 Mar 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Axel Springer Ag v Germany (No 2): ECHR 10 Jul 2014

ECHR Article 10-1 Freedom of expression Injunction against newspaper restraining further publication of article concerning former head of government: violation Facts – The applicant was the limited company Axel Springer AG. Among other activities, it was the publisher of the mass-circulation daily newspaper Bild. The German Chancellor Gerhard Schroder, in power since 1998, had lost … Continue reading Axel Springer Ag v Germany (No 2): ECHR 10 Jul 2014

Haringey London Borough Council (Decision Notice): ICO 14 Sep 2009

ICO The complainant requested information from Haringey Council (‘the Council’) relating to an investigation carried out by the Councils Monitoring Officer into allegations the complainant had made regarding the Chief Executive of the Council. The Council initially stated that the request was for personal data about the complainant must be treated as a subject access … Continue reading Haringey London Borough Council (Decision Notice): ICO 14 Sep 2009

American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

L v L and Hughes Fowler Carruthers: QBD 1 Feb 2007

The parties were engaged in ancillary relief proceedings. The Husband complained that the wife had sought to use unlawfully obtained information, and in these proceedings sought delivery up of the material from the wife and her solicitors. He said that the information was subject to professional legal privilege and was otherwise confidential. They had admitted … Continue reading L v L and Hughes Fowler Carruthers: QBD 1 Feb 2007

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

Commissioners of Customs and Excise v Century Life Plc: CA 19 Dec 2000

The Directive required member states to exempt from VAT, services involving the provision of insurance, and for intermediaries. Following the Regulator’s involvement, the principal company had to arrange for the checking of existing policies, and the implementation of compensation arrangements, and sub-contracted it to the taxpayer. Had the principal privided the services itself, it would … Continue reading Commissioners of Customs and Excise v Century Life Plc: CA 19 Dec 2000

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004

South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Commissioner’s Approach not in Breach In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His underlying purpose was to find out whether … Continue reading South Lanarkshire Council v The Scottish Information Commissioner: SC 29 Jul 2013

Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001

Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001

Durant v Financial Services Authority: CA 8 Dec 2003

The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003

Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

Imerman v Tchenguiz and Others: QBD 27 Jul 2009

It was said that the defendant had taken private and confidential material from the claimant’s computer. The claimant sought summary judgement for the return of materials and destruction of copies. The defendant denied that summary judgement was appropriate where the confidential status was in doubt, and where he wished to assert a public interest defence. … Continue reading Imerman v Tchenguiz and Others: QBD 27 Jul 2009

Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

The claimant sought judicial review of legislative provisions requiring Internet Service Providers to become involved in regulation of copyright infringements by its subscribers. They asserted that the Act and proposed Order were contrary to European law. Held: The request was refused. No obligation had yet fallen on the claimant, and the exact form and rules … Continue reading British Telecommunications Plc and Another, Regina (on The Application of) v The Secretary of State for Business, Innovation and Skills: Admn 20 Apr 2011

Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Damages for breach of Data Protection The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ browser generated information was contrary to the defendant’s publicly stated position that … Continue reading Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Edem v The Information Commissioner and Another: CA 7 Feb 2014

The claimant sought disclosure of the names of officials of the Financial Services Authority who had dealt with his complaint. He now appealed against reversal of an order that they be disclosed. Held: The appeal failed. The court approved the Information Commissioner’s Office Data Protection Techinical Guidance which said: ‘It is important to remember that … Continue reading Edem v The Information Commissioner and Another: CA 7 Feb 2014

Majrowski v Guy’s and St Thomas’ NHS Trust: HL 12 Jul 2006

Employer can be liable for Managers Harassment The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying that the intention of the Act … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: HL 12 Jul 2006

Deer v University of Oxford: CA 6 Feb 2015

The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation. Held: Two appeals succeed, and those matters remitted to the tribunal for reconsideration: ‘I do not see why not: if the appellant were able to establish that … Continue reading Deer v University of Oxford: CA 6 Feb 2015

Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008

Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the release of the information would put at risk the … Continue reading Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008

Turley v Unite The Union and Another: QBD 19 Dec 2019

Defamation of Labour MP by Unite and Blogger The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the union. The defendants pursued defences … Continue reading Turley v Unite The Union and Another: QBD 19 Dec 2019

The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012

Tchenguiz and Others v Imerman: CA 29 Jul 2010

Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order restraining her use of the information obtained, saying that ‘the law which protects Mr Imerman’s confidential information and … Continue reading Tchenguiz and Others v Imerman: CA 29 Jul 2010

A v B plc and Another (Flitcroft v MGN Ltd): CA 11 Mar 2002

A newspaper company appealed against an order preventing it naming a footballer who, they claimed, had been unfaithful to his wife. Held: There remains a distinction between the right of privacy which attaches to sexual activities within and outside a marriage. An order restricting the freedom of the press requires positive and clear justification. The … Continue reading A v B plc and Another (Flitcroft v MGN Ltd): CA 11 Mar 2002

Aerotel Ltd v Telco Holdings Ltd and others, In re Patent Application GB 0314464.9 in the name of Neal Macrossan Rev 1: CA 27 Oct 2006

In each case it was said that the requested patent concerned an invention consisting of a computer program, and was not therefore an invention and was unpatentable. In one case a patent had been revoked on being challenged, and in the other, the appeal was against refusal. Held: Jacob LJ said: ‘the court must approach … Continue reading Aerotel Ltd v Telco Holdings Ltd and others, In re Patent Application GB 0314464.9 in the name of Neal Macrossan Rev 1: CA 27 Oct 2006

Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004

On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the restraint which had been imposed infringed the human right of free speech. When the 1998 Act was brought in, … Continue reading Cream Holdings Limited and others v Banerjee and others: HL 14 Oct 2004

HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Defence had no prospect of success – Struck Out The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment. Held: Warby J said: ‘There are two main questions … Continue reading HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968

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 in particular the roles of Data Protection law and the Civil Procedure Rules. Held: The Council’s … Continue reading Durham County Council v Dunn: CA 13 Dec 2012

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index