swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Information - From: 2001 To: 2001
This page lists 12 cases, and was prepared on 08 August 2015.
Totalise Plc -v- Motley Fool Ltd and Another; QBD 15-Mar-2001 - Times, 15 March 2001; Gazette, 11 May 2001; [2001] EWHC 706 (QB); [2001] EMLR 29
University of Glasgow -v- Rahul Jindal EAT/74/01
31 May 2001
EAT
The Honourable Lord Johnston
Discrimination, Information, Employment
The University appealed orders made for the discovery of documents. The claimant asserted race discrimination, and sought the references which the University had said had informed its decision on the appointment complained of. Held: A difficult balance was to be found, but where the respondents rely upon particular documents, the interest of fairness normally dictate that the applicant should have sight of them, and be aware of their authorship. The right test is not only relevance, but also whether it was necessary to disclose the material in order to dispose fairly of the proceedings.
EAT Procedural Issues - Employment Tribunal
1 Cites
Mills -v- News Group Newspapers Limited [2001] EWHC Ch 412
4 Jun 2001
ChD
Mr Justice Lawrence Collins
Information, Media, Human Rights, Equity
The applicant was in a relationship with Paul McCartney, and in view of attacks on other former Beatles, she sought to restrain publication of the address of a property she had contracted to buy. The newspaper had said it would not publish unless others did, but refused to give an undertaking. The applicant obtained an injunction. Held: The freedom of the press is vital, but also a right of privacy was developing. A duty of confidence can arise in equity independently of any dealings directly between the parties, in this case where the information may be confidential in nature. The PCC code of practice could be taken into account by the court. To justify a prior restraint, the court must be satisfied that the claimant would be likely to succeed at trial. The house had not been chosen with a view to the claimant's security, and this was not a case in which an injunction should have been granted.
Human Rights Act 1998 12 - Press Complaints Commission, Code of Practice
1 Cites
[ Bailii ]
Regina on the Application of Anna Ford -v- The Press Complaints Commission [2001] EWHC Admin 683
31 Jul 2001
Admn
The Honourable Mr. Justice Sibler
Media, Information, Judicial Review, Human Rights, Administrative
The complainant had been photographed wearing a bikini, whilst on holiday by a photographer using a long lens. She had been on a quiet part of public beach. She complained to the Press Complaints Commission who rejected her complaint. The rules required press not to use such tactics when the subject was on private property, and the definition of that included a place where there was a reasonable expectation of privacy. The commission found it to be a public place. She sought to review their decision. The commission that it exercised a public function under the Act. On judicial review, the court was not to substitute its own decision for that of the executive. The human rights law might now require a more intensive review, when considering the proportionality of any interference with the subject's rights of privacy. Nevertheless, the English courts will continue to defer to the views of bodies like the Commission even after the HRA. In this case also there had been a delay in applying for the review, and the application for leave to review was dismissed.
Code of Practice of the Press Complaints Commission - Human Rights Act 1998 6
1 Cites
[ Bailii ]
Pelling -v- Families Need Fathers Ltd [2001] EWCA Civ 1280; [2002] 1 BCLC 645; [2002] 2 All ER 440,
1 Aug 2001
CA
Lord Justice Jonathan Parker, Lord Justice Mummery, Mr Justice Wilson
Company, Information
The claimant, a member of the company, a charitable company limited by guarantee, sought a list of the company's members. This was refused, and the court used a discretion not to order the list to be produced. The applicant sought to lead a group intending to remove the present board of directors. He appealed on the basis that his motives were irrelevant, and no such discretion existed. The company argued that the release of the names would breach the Data Protection Act. The court held that the words of the section created a discretion. It would not be a breach of the 1984 Act to release the list, but the purpose of the section and the parties could better be met by an appropriate arrangement for him to be allowed to contact the members through the company.
Companies Act 1985 356 (6) - Data Protection Act 1984 34
1 Cites
[ Bailii ]
London Regional Transport, London Underground Limited -v- Mayor of London Transport for London; CA 24-Aug-2001 - [2003] EMLR 4; [2001] EWCA Civ 1491
Regina -v- Shayler; CACD 28-Sep-2001 - Times, 10 October 2001; Gazette, 18 October 2001; [2001] EWCA Crim 1977; [2001] 1 WLR 2206
Baker -v- Secretary of State for the Home Department [2001] UKIT NSA2
1 Oct 2001
IT
Information
[ Bailii ]
Australian Broadcasting Corporation -v- Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199; [2001] 185 ALR 1; 76 ALJR 1
15 Nov 2001
Gleeson CJ
Commonwealth, Information, Equity, Constitutional
(High Court of Australia) The activities of a company which processed possum meat for export ("what the processing of possums looks,and sounds like") were not such as to attract the quality of being confidential for the purpose of the law protecting confidentiality.
Austlii Equity - Equitable remedies - Interlocutory injunction - Principles to be applied - Need for plaintiff to show a serious question to be tried - Defence that plaintiff has no equity - Nature of discretion to grant interlocutory relief - Relevance of implied freedom of political communication under the Constitution.
Practice and procedure - Interlocutory injunctions - Power of Supreme Court to grant interlocutory injunction - Whether s 11(12) of Supreme Court Civil Procedure Act 1932 (Tas) alters basis on which the Supreme Court has power to grant an interlocutory injunction - Purpose for which power exists to grant an interlocutory injunction - Meaning of "just and convenient".
Torts - Privacy - Whether Australian law recognises a tort of invasion of privacy - Whether right to privacy attaches to corporations - Relevance of implied freedom of political communication under the Constitution to the tort of privacy.
Constitutional law (Cth) - Interpretation of Constitution - Implications from Constitution - Implied freedom of communication concerning government and political matters - Whether law providing for interlocutory injunction against broadcaster infringes implied freedom - Whether injunction if granted would infringe freedom - Relevance of implied freedom to grant of injunction - Whether properly or at all taken into account.
Trespass to land - Trespasser illegally made clandestine film of activities and gave it to a broadcaster - Whether owner has right to restrain publication of film by broadcaster.
Words and phrases - "unconscionability" - "just and convenient" - "interlocutory injunction".
1 Citers
[ Austlii ]
Brian Reid Beetson Robertson -v- City of Wakefield Metropolitan Council, Secretary of State for the Home Department (1) Times, 27 November 2001; Gazette, 10 January 2002; [2001] EWHC Admin 915; [2002] QB 1052
16 Nov 2001
Admn
Mr Justice Maurice Kay
Human Rights, Information, Elections
The claimant requested the defendant authority to remove his details from the electoral register before it was sold on to third parties. They refused. He claimed that the information had been obtained from him under penalty of criminal charges, and that to sell it on was an interference with his right to a private and family life. Held: The sale of the material was in breach of the applicant's rights. Data from the registers was collected under force of law. The sale of the register affected electors as marketing targets and the interference with their private lives, exacerbated by technological advances, was both foreseeable and foreseen. The right to vote was lost if the information was not provided.
European Directive 95/46/EC of October 24, 1995 (OJ 1995 L281/31) - Representation of the People Act 1983 - Representation of the People Regulations 1986 (1986 No 1081)
1 Citers
[ Bailii ]
Walsh (as executrix of the estate of David G Walsh) and Others -v- Deloitte & Touche Inc , Trustee of the estate of Bre-X Minerals Limited , a bankrupt No 37 of 2000; [2001] UKPC 58
17 Dec 2001
PC
Lord Slynn of Hadley Lord Hoffmann Lord Rodger of Earlsferry Sir Martin Nourse Sir Kenneth Keith
Litigation Practice, Information, Commonwealth
(Bahamas) Shares were sold in a mining company whose prices had been buoyed by rumour, but where disclosure of difficulties had not been made, and eventually it became clear that samples had bee fraudulently salted. The company became insolvent, and the respondents appointed. They obtained a continuing Mareva injunction against the appellant as executor of her husband's estate in the Bahamas. Held: An officer of a company owes a fiduciary duty to the company not to use his knowledge of its affairs by making a profit from dealing in what he knows to be a false market in its shares. Interlocutory jurisdiction is ordinarily ancillary to substantive jurisdiction. There was evidence that the appellants had tried move assets beyond the jurisdiction. The judge's discretion had been exercised properly. An appeal on the ground of delay had not been pleaded.
1 Cites
[ PC ] - [ PC ] - [ PC ] - [ Bailii ]
Totalise Plc -v- The Motley Fool Limited and Interative Investor Limited (2); CA 19-Dec-2001 - Times, 10 January 2002; Gazette, 27 February 2002; [2001] EWCA Civ 1897; [2002] 1 WLR 2450; [2002] EMLR 358; [2003] 2 All ER 872; [2002] FSR 50; [2002] CP Rep 22; [2002] EMLR 20; [2002] 1 WLR 1233; [2002] Masons CLR 3
