The issue was whether ‘data’ within the Data Protection Act 1984 was limited to data in computer-readable form. Held: The offence of the ‘use’ of protected data required something beyond inspection on a computer screen including printout. There is a tension at inter-state level between the need to protect privacy, and the need for free … Continue reading Regina v Brown (Gregory): HL 9 Feb 1996
The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who … Continue reading Oracle America Inc v M-Tech Data Ltd: SC 27 Jun 2012
ECJ 1. Reliance by a trade mark owner on his rights as owner in order to prevent an importer from marketing a product which was put on the market in another Member State by the owner or with his consent where . .
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[2015] UKFTT 2014 – 0227 (GRC) Bailii Data Protection Act 1996 43 Information Updated: 27 December 2021; Ref: scu.542482
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
The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT. Held: A claim should not be struck out where, as here, there were facts in dispute between the parties which might affect the decision. It was … Continue reading Ezsias v North Glamorgan NHS Trust: CA 7 Mar 2007
The claimant said his dismissal had been automatically unfair under section 106(a) which protected him as a whistleblower. The court was asked whether any disclosure had to relate to an actual criminal offence, or otherwise what would be sufficient. The claimant had reported a failure by the college to act on reports that another lecturer … Continue reading Babula v Waltham Forest College: CA 7 Mar 2007
The appellant school ICT teacher had hacked into the school’s computer system, in order, he said, to demonstrate its weakness. He appealed against rejection of his assertion that his dismissal was unfair for being caused by his protected disclosure. The EAT had found his dismissal not to have been from the protected disclosure, but from … Continue reading Bolton School v Evans: CA 15 Nov 2006
Questions on Entry must be answered B was questioned at an airport under Schedule 7 to the 2000 Act, and required to answer questions asked by appropriate officers for the purpose set out. She refused to answer and was convicted of that refusal , contrary to paragraph 18 of that Schedule. She appealed, saying that … Continue reading Beghal v Director of Public Prosecutions: SC 22 Jul 2015
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
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
The claimant complained that after alleging unlawful interception of his communications, the hearing before the Investigatory Powers Tribunal was not attended by appropriate safeguards. He had been a campaigner against police abuse. His requests to . .
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