SAS sought to enforce its North Carolina judgment which was contrary to decisions already made by the UK and European Courts. Held: Cockerill J held that the terms of the contract which purported to prohibit WPL’s conduct constituted a fundamental building block for the fraud claim and that without it that claim – as it … Continue reading SAS Institute Inc v World Programming Ltd: ComC 13 Dec 2018
The complainant has made two information requests in which he seeks various information about the handling of a planning complaint and associated information requests that he has made. Leeds City Council disclosed held information in response, but under the terms of the Data Protection Act 1998. The complainant subsequently contested that further information was held … Continue reading Leeds City Council (Local Government): ICO 21 May 2018
Consent Order Citations: [2018] UKFTT 2018 – 0157 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 27 June 2022; Ref: scu.630637
Claim for harassment within family dispute. Judges: Nicklin J Citations: [2018] EWHC 241 (QB) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020 The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to … Continue reading Khan (Formerly JMO) v Khan (Formerly KTA): QBD 15 Feb 2018
Dismissed Citations: [2018] UKFTT 2018 – 0030 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 18 May 2022; Ref: scu.634282
Claim for misuse of private information, breach of confidence and for alleged breaches of the Data Protection Act 1998. Appeal from strike out of claim as abuse of process. Judges: Nicklin J Citations: [2018] EWHC 1880 (QB) Links: Bailii Jurisdiction: England and Wales Information Updated: 09 May 2022; Ref: scu.620616
Allowed Citations: [2018] UKFTT 2017 – 0262 (GRC) Links: Bailii Statutes: Data Protection Act 1998, Freedom of Information Act 2000 Jurisdiction: England and Wales Information Updated: 26 April 2022; Ref: scu.621478
Judges: Sir David Eady Citations: [2017] EWHC 3368 (QB) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Defamation, Information, Jurisdiction Updated: 26 April 2022; Ref: scu.621134
The claimant appealed against a stay of part of his proceedings relating to the 1998 Act. He questioned whether section 32(4) provided a proper balance of his human rights. Held: The court being in disagreement, the issue was referred to the CJEU. Judges: Sir Terence Etherton MR, Lord Justice McFarlane and Lady Justice Sharp Citations: … Continue reading Stunt v Associated Newspapers Ltd: CA 30 Jul 2018
The SSHD appealed on liability from the award of damages after it published on its website statistical and anonymised data about return of asylum and other applicants to their countries of origin. Unfortunately, a link was provided within the data to the non-anonymised data. The claim was at common law for distress and under the … Continue reading Secretary of State for The Home Department and Another v TLU and Another: CA 15 Jun 2018
The complainant has requested a Memorandum of Understanding, dated 7 October 2015, from St Thomas More Catholic Primary School, Eltham (‘the School’). The School provided part of the document, but redacted in full the section entitled Financial Responsibility under section 40(2) of the FOIA – Third party personal data. The Commissioner’s decision is that only … Continue reading St Thomas More Catholic Primary School, Eltham (Education): ICO 22 Jan 2018
Dismissed Citations: [2018] UKFTT 2017 – 0239 (GRC) Links: Bailii Statutes: Freedom of Information Act 2000, Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 22 April 2022; Ref: scu.617048
Facebook – Iran – Country Guidance – Anonymity UT The cases of BA (Demonstrators in Britain – risk on return) Iran CG [2011] UKUT 36 (IAC); SSH and HR (illegal exit: failed asylum seeker) Iran CG [2016] UKUT 308 (IAC); and HB (Kurds) Iran CG [2018] UKUT 430 continue accurately to reflect the situation for … Continue reading XX (PJAK – Sur Place Activities – Facebook) Iran CG: UTIAC 20 Jan 2022
An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. Judges: Nicklin J Citations: [2019] QB 344, [2018] EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 2018
Part Allowed Citations: [2018] UKFTT 2017 – 0124 (GRC) Links: Bailii Statutes: Data Protection Act 1998 Jurisdiction: England and Wales Information Updated: 04 April 2022; Ref: scu.604770
Claim by international firm of lawyers for breach of confidence against publishers who had received and published that information. The court now considered which division of the High Court should hear the claim. Held: Rose J considered the creation of the M and CL and observed: ‘the starting point is, as I have said, that … Continue reading Appleby Global Group Llc v British Broadcasting Corporation and Another: ChD 26 Jan 2018
Consideration of case after reference to ECJ.Held: it is appropriate to grant declaratory relief, limited to the context of the prevention, investigation, detection and prosecution of criminal offences, to the effect that DRIPA was inconsistent with EU law to the extent that it permitted access to retained data, where the objective pursued by that access … Continue reading Secretary of State for The Home Department v Watson MP and Others: CA 30 Jan 2018
These proceedings raise, for the first time in the courts of the United Kingdom, the question how the concepts of sufficiency and infringement are to be applied to a patent relating to a specified medical use of a known pharmaceutical compound. Four issues arose: (i) the construction of the claims (in particular, Claim 3 as … Continue reading Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another: SC 14 Nov 2018
Choice of Division and Business Lists Claim that the publication of pictures of the young children of the celebrity claimants had been published by the defendant on-line without consent and without pixelation, in breach of their human rights, of data protection, and right to privacy. The defendants now sought the transfer of the case to … Continue reading Mezvinsky and Another v Associated Newspapers Ltd: ChD 25 May 2018
No Damage – No extra jurisdiction Service Application to serve proceedings here – allegation that over some months Google acted in breach its duty under the 1998 Act by secretly tracking the internet activity of Apple iPhone users, collating and using the information it obtained by doing so, and then selling the accumulated data. The … Continue reading Lloyd v Google Llc: QBD 8 Oct 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
Co vicariously liable for employee’s data breach A member of the company’s staff had unlawfully disclosed personal details of many company employees. The data consisted of personal information of the defendant’s employees including their names, addresses, gender, dates of birth, phone numbers, national insurance numbers, bank sort codes, bank account numbers and salaries. He copied … Continue reading Wm Morrison Supermarkets Plc v Various Claimants: CA 22 Oct 2018
Personal Data – Protection of Natural Persons With Respect To The Processing of That Data – Deactivate A Facebook Page – Judgment – Reference for a preliminary ruling – Directive 95/46/EC – Personal data – Protection of natural persons with respect . .
Dismissed . .
The complainant requested agendas and minutes of governors’ meetings held at Christ Church and St Peter’s Primary School, Leicester (‘the school’) during the academic year 2018 – 2019. The school is a member of a multi-academy trust, Diocese of Leicester Academies Trust (‘the Trust’) which is, therefore, the public authority with responsibility for fulfilling the … Continue reading Diocese of Leicester Academies Trust (Education): ICO 2 Jun 2020
The complainant has requested from the ICO a copy of its policy in compliance with Schedule 1 Part 4 of the Data Protection Act 2018 (having an appropriate policy document in place when processing personal data on reliance on a condition in Part 1, 2 or 3 of the schedule). The ICO initially applied section … Continue reading Information Commissioner’s Office (Other): ICO 21 Nov 2019
Challenge to the lawfulness of the immigration exemption in paragraph 4, Schedule 2, of the Data Protection Act 2018 Judges: Mr Justice Supperstone Citations: [2019] EWHC 2562 (Admin), [2019] WLR(D) 546, [2020] 1 WLR 811 Links: Bailii, WLRD Jurisdiction: England and Wales Immigration, Information Updated: 09 November 2022; Ref: scu.642713
The complainant requested information about how Staffordshire Police recorded an incident of theft that he had reported. Staffordshire Police refused to disclose the information under the FOIA, citing the non disclosure exemption at section 40(2) (personal information). However, it disclosed most of the complainant’s own personal data to him under the subject access provisions of … Continue reading Staffordshire Police (Police and Criminal Justice): ICO 27 Apr 2021
Judges: Mr Justice Julian Knowles Citations: [2022] EWHC 2500 (KB) Links: Bailii Statutes: Data Protection Act 2018 Jurisdiction: England and Wales Information Updated: 20 October 2022; Ref: scu.681918
Claim for misuse of private information and breach of the Data Protection Act 2018. Citations: [2019] EWHC 2525 (QB) Links: Bailii Jurisdiction: England and Wales Information Updated: 07 October 2022; Ref: scu.645947
The complainant made a request for information relating how DVLA processes personal information, and how that processing complies with the General Data Protection Regulations and the Data Protection Act 2018, how much the ICO has spent on legal fees and the ICO audit of the DVLA from 2016. The ICO has refused to comply with … Continue reading Information Commissioner’s Office (Other): ICO 8 Dec 2021
The complainant has made a request for information relating to applicant households accommodated by the London Borough of Lambeth (the Council). The Council provided some information but relied on the exemption at section 40(2) of the FOIA to withhold other information. The Commissioner’s decision is that section 40(2) is not engaged in respect of the … Continue reading Lambeth London Borough Council (Local Government) FS50843652: ICO 11 Oct 2019
The complainant has requested information about a grant awarded to a named rural centre. The Rural Payments Agency (‘RPA’) has refused to disclose the information under regulation 12(3) of the EIR as it considers it to be the personal data of third persons. The Commissioner’s decision is as follows: The requested information is the personal … Continue reading Rural Payments Agency (Central Government): ICO 18 Jan 2021
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
The complainant has made a request for information relating to applicant households accommodated by the London Borough of Lambeth (the Council). The Council provided some information but relied on the exemption at section 40(2) of the FOIA to withhold other information. The Commissioner’s decision is that section 40(2) is not engaged in respect of the … Continue reading Lambeth London Borough Council (Local Government): ICO 11 Oct 2019
The claimants, producers of pornographic films, sought disclosure by the defendant internet service provider of certain internet protocol addresses, wishing to pursue those it said had wrongfully downloaded their films. The court was asked first whether the transfer of such information would mean that the claimants would become ‘data controllers’ Held: Such an order would … Continue reading Mircom International Content Management and Consulting Ltd and Others v Virgin Media Ltd and Another: ChD 16 Jul 2019
Challenge to Temporary Exclusion Order. Held: The concept of ‘civil rights and obligations’ cannot be interpreted solely by reference to national law but has an autonomous meaning within article 6(1) Citations: [2020] EWHC 1221 (Admin), [2020] WLR(D) 291 Links: Bailii, WLRD Statutes: Counter-Terrorism and Security Act 2015 11(2)(d), European Convention on Human Rights 6, Data … Continue reading QX v Secretary of State for The Home Department: Admn 15 May 2020
The defendant shared information about the claimant, a vulnerable 16 year old girl, with the local Business Crime Reduction Partnership, which had then excluded her from its members premises. Citations: [2019] EWHC 975 (Admin) Links: Bailii Statutes: Data Protection Act 2018 Jurisdiction: England and Wales Police, Information Updated: 21 June 2022; Ref: scu.636095
Citations: [2019] UKFTT 2018 – 0279 (GRC) Links: Bailii Statutes: Data Protection Act 2018 Jurisdiction: England and Wales Information Updated: 20 April 2022; Ref: scu.644363
This appeal is concerned with the lawfulness of statutory restrictions on data protection rights, in the context of immigration. By paragraph 4 of Schedule 2 to the Data Protection Act 2018 (‘DPA 2018’) Parliament enacted ‘the Immigration Exemption’. This disapplies some data protection rights where their application would be likely to prejudice immigration control. Judges: … Continue reading The Open Rights Group and Another, Regina (on The Application of) v The Secretary of State for The Home Department and Another: CA 26 May 2021
The complainant has requested information from Leeds City Council (‘the Council’) which concerns an application for a Certificate of Lawful Existing Use or Development on private, protected green belt land. The Commissioner’s decision is that the Council has not correctly applied Regulation 13 of the EIR to all of the requested information. The Commissioner requires … Continue reading Leeds City Council (Local Government): ICO 14 Sep 2021
Hate-Incident Guidance Inflexible and Unlawful The central issue raised in the appeal is the lawfulness of certain parts of a document entitled the Hate Crime Operational Guidance (the Guidance). The Guidance, issued in 2014 by the College of Policing (the College), the respondent to this appeal, sets out the national policy in relation to the … Continue reading Miller v The College of Policing: CA 20 Dec 2021
The complainant has requested information from Halton Borough Council which concerns live business rates accounts with a value greater than or equal to pounds 5,000. The Council has refused the complainant’s request in reliance on section 40(2) of the FOIA on the grounds that the information is the personal data of third parties, and also … Continue reading Halton Borough Council (Local Government): ICO 5 May 2020
The Claimant is a 16-year-old boy. In December 2015, when he was 11 years old, an online tutor raised certain concerns about his alleged behaviour with the Department for Education. In accordance with the Prevent Strategy, the matter was referred to the Metropolitan Police. On 20 June 2016, the case was closed by the Defendant’s … Continue reading II, Regina (on The Application of) v Commissioner of Police of The Metropolis: Admn 24 Sep 2020
Disclosure of risk of self harm made no claim The claimant complained that the respondent support group had disclosed to his doctor that fact that they had assessed him as being at significant risk of suicide or other substantial self-harm, and that it was at that time unable to provide Mr Scott with the services … Continue reading Scott v LGBT Foundation Ltd: QBD 3 Mar 2020
The company refused to comply with an information notice from the ICO requiring certain information, saying that providing the answer would be self incriminating in the context of other continuing police investigations.
Held: The notice must . .
Lawfulness Principle: Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject. Protocol: The Data Protection Act 2018 ss 8 and 10 supplements the GDPR to provide explicitly for the lawfulness of the publication of court judgments. We index and annotate those cases, but do not ourselves … Continue reading GDPR – Overall
The complainant requested information from North Yorkshire County Council (‘the Council’) relating to certain individuals who submitted evidence forms about the use of a bridleway near Thornton-in-Craven. The Commissioner’s decision is that the . .
Lawfulness The lawful basis (or bases) for our processing. Article 6(1)(e) GDPR says:”processing is necessary for the performance of a task carried out in the public interest”. In the UK, this is extended by sections 8 and 10 of the Data Protection Act 2018, which provides or clatifies that the public interest includes processing which … Continue reading Lawfulness of processing
Public Task Article 6(1)(e) GDPR provides a lawful basis for processing where: “processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller” It is clearly in the public interest that we do what we do to make case law … Continue reading GDPR – Legitimate Interests
This is a law website. Visitors will not be afraid of the actual source legal materials referred to here. This page provides a limited range of such materials. The full General Data Protection Regulations themselves are located at Europa A more user friendly (perhaps) version is available at GENERAL DATA PROTECTION REGULATION (GDPR) The GDPR … Continue reading GDPR – Resources
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
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
The complainant initially requested information relating to the change of the ICO’s privacy notice following the introduction of the General Data Protection Regulations (GDPR) in May 2018. The Commissioner’s decision is that ICO (‘the ICO’) failed to respond to a number of requests within 20 working days and has therefore breached section 10 of the … Continue reading Information Commissioner’s Office (Other): ICO 11 Sep 2019
Appeal from refusal of continuance of anti-suit injunction Judges: Flaux, Males, Popplewell LJJ Citations: [2020] EWCA Civ 599, A4/2019/2516, A4/2019/2516(A) Links: Bailii, udiciary Jurisdiction: England and Wales Citing: See Also – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010 The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and … Continue reading SAS Institute Inc v World Programming Ltd: CA 12 May 2020
Post judgment orders Citations: [2019] EWHC 2496 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010 The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods … Continue reading SAS Institute Inc v World Programming Ltd (2495): ComC 25 Sep 2019
Continuation of anti-suit injunction – refused Judges: Cockerill J Citations: [2019] EWHC 2481 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – SAS Institute Inc v World Programming Ltd ChD 23-Jul-2010 The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty … Continue reading SAS Institute Inc v World Programming Ltd (Injunction): ComC 25 Sep 2019
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015
ECJ (Grand Chamber) Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer program protected by copyright – Reproduction of the functions by a second program without access to the source code of the first program … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 2 May 2012
ECJ Opinion – Intellectual property – Directive 91/250/EEC – Directive 2001/29/EC – Legal protection of computer programs – Creation of various programs including the functionalities of another computer program without access to the latter’s source code Judges: Bot AG Citations: C-406/10, [2011] EUECJ C-406/10 Links: Bailii Statutes: Directive 91/250/EEC, Directive 2001/29/EC Jurisdiction: European Citing: At … Continue reading SAS Institute Inc v World Programming Ltd: ECJ 29 Nov 2011
The parties sought to agree the terms of a reference to the European Court of Justice. Judges: Arnold J Citations: [2010] EWHC 3012 (Ch), [2011] 2 CMLR 9, [2011] FSR 12, [2011] Eu LR 303 Links: Bailii Statutes: Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs Jurisdiction: England and … Continue reading SAS Institute Inc v World Programming Ltd: ChD 22 Nov 2010
The court considered the impact of the distinction drawn by Article 9(2) of TRIPS and Article 2 of the WIPO Copyright Treaty between ‘expressions’ and ‘ideas, procedures, methods of operation and mathematical concepts as such’ on domestic copyright law. Held: Arnold J said: ‘Skill, judgement and labour in devising ideas, procedures, methods of operation and … Continue reading SAS Institute Inc v World Programming Ltd: ChD 23 Jul 2010
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of … Continue reading Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008
The claimant was the subject of confidential reports prepared by the defendants which were leaked to newspapers causing him damage. He sought leave to amend his claim to add claims for breach of the Data Protection Act and for public misfeasance. Under the Civil Procedure Rules a new claim should be allowed if it is … Continue reading Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002
This case concerns the principle of open justice and the application of orthodox principles to an application by a litigant for an anonymity order, namely, the balancing exercise between an individual’s Article 8 and 6 rights of the European Convention on Human Rights and the Article 10 and 6 ECHR rights of the press and … Continue reading Moss v Information Commissioner: CA 15 May 2020
A disgruntled senior employee had divulged on the internet personal details of several thousand employees. The claimants alleged that that had been a breach of the 1998 Act, and that the appellants were vicariously liable for that wrong. Held: The appeal by Morrisons was allowed. The close connection test was answered by looking at what … Continue reading WM Morrison Supermarkets Plc v Various Claimants: SC 1 Apr 2020
The claimant (then known as LNS) had obtained an injunction to restrain publication of private materials. Held: There was insufficient material to found an action in confidence or privacy. An applicant was unlikely to succeed either at an interim application or at trial, whether under the law of defamation or the law of privacy, where, … Continue reading Terry (previously LNS) v Persons Unknown: QBD 29 Jan 2010
The defendant employer had had confidential information of many of its staff taken and disclosed by a rogue employee. The employees now sought compensation. The main issue was whether the company was directly or vicariously liable for the tort. Held: The company were not directly liable, but were liable vicariously: ‘Adopting the broad and evaluative … Continue reading Various Claimants v WM Morrisons Supermarket Plc: QBD 1 Dec 2017
Application for transfer of claim from QBD to TCC. Akenhead J considered an application to transfer a claim from the Chancery Division to the Technology and Construction Court. After reviewing the authorities, he said: ‘It is probably unnecessary to enter into a debate as to precisely what the pre-CPR test was for the transfer of … Continue reading NATL Amusements (UK) Ltd and Others v White City (Shepherds Bush) Ltd Partnership and Another: TCC 16 Oct 2009
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software language and system for statistical analysis, together with supporting manuals. The defendants … Continue reading SAS Institute Inc v World Programming Ltd: CA 21 Nov 2013
The parties disputed the extent to which elements of the claimant’s software package could be used by the defendants. SAS had written software including its own computer language to create a data processing environment. The defendants had wanted to produce software it could sell in competition which, for the same inputs would produce the same … Continue reading SAS Institute Inc v World Programming Ltd: ChD 25 Jan 2013
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
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
Sedley LJ considered the circumstances where the Secretary of state should take into account the defendant’s article 8 human rights when considering deportation after serving a sentence of imprisonment: ‘Generally, the protection of family life under Article 8 involves cohabiting dependants, such as parents and their dependant minor children. Whether it extends to other relationships … Continue reading Kugathas v Secretary of State for the Home Department: CA 21 Jan 2003
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the claims to be struck out. Held: The claim of harassment could not be struck out merely because … Continue reading Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020
Calim for alleged blackmail by defendants Judges: Warby J Citations: [2017] EWHC 3230 (QB), [2018] EMLR 19 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020 The claimants, a solicitor and his wife, sought damages in harassment and data protection, against … Continue reading LJY v Person(s) Unkown: QBD 11 Dec 2017
Application by the Claimant for summary judgment in a claim for misuse of private information and harassment. The privacy claim arises from internet publication, on a website created by the Defendant, of his account of his relationship with the Claimant. The harassment claim arises from a series of email communications from the Defendant to the … Continue reading BVC v EWF: QBD 26 Sep 2019
Appeal from care orders: ‘The judge’s approach could not have been more robust. He sought to justify such an approach on the basis that recent family justice reforms and case law. There is a need for the Court of Appeal to consider whether such a robust summary approach is justified and/or required by the recent … Continue reading Re S-W (Children): CA 30 Jan 2015
The defendant company published case law. The claimant’s case had been anonymised, but the defendant published a version of the judgment from which it was possible to identify him (or her). An order had been made to transfer the case to the County Court, but the claimant applied to have the order set aside. Held: … Continue reading CRE v Justis Publishing Ltd: 20 Mar 2017
Iraq – Full New Country Guidance This decision replaces all existing country guidance on Iraq. A. INDISCRIMINATE VIOLENCE IN IRAQ: ARTICLE 15(C) OF THE QUALIFICATION DIRECTIVE 1. There continues to be an internal armed conflict in certain parts of Iraq, involving government forces, various militia and the remnants of ISIL. Following the military defeat of … Continue reading SMO and KSP (Civil Status Documentation, Article 15) (CG)) Iraq: UTIAC 16 Mar 2022
Sir Anthony Clarke MR rejected a submission that the protection afforded by the 1974 Act renders details of spent convictions confidential, and also a submission that the proceedings should be held in private to protect the appellant against disclosure of his ‘private life’ within the meaning of Article 8 of the Convention. As to confidentiality, … Continue reading L v Law Society: CA 2010
The court considered an application for an interlocutory injunction to restrain a broadcast, based on copyright. The defendant argued that this was merely an attempt to circumvent difficulties in a defamation action. Held: Where an interim injunction in defamation would have been refused under the rule in Bonnard, it would be right to refuse such … Continue reading Service Corporation International plc v Channel Four Television: ChD 1999
An injunction was sought to restrain publication of confidential information about a well-known pop group, starring Tom Jones and Engelbert Humperdinck. As the group’s press agent, the defendant’s role had been to see that the group received favourable publicity. However, after parting company, amicably, with the group, the defendant disclosed ‘no doubt, for a very … Continue reading Woodward v Hutchins: CA 1977
(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
The court was asked as to the liability in damages of information society services, in this case Facebook, for misuse of private information as a result of postings on their sites by third parties. The postings divulged historic sexual ffending. Held: With the passage of time the protection of an offender by prohibiting the disclosure … Continue reading CG v Facebook Ireland Ltd and Another: CANI 21 Dec 2016
The claimant heterosexual couple wanted to enter into a civil partnership rather than to marry. Held: The request for judicial review failed. On the authorities, the bar did not fall within the scope or ambit of Article 8. The appellants could marry and thus enter into a legal relationship according full protection to all the … Continue reading Steinfeld and Another v The Secretary of State for Education: Admn 29 Jan 2016
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
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
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
The claimants each claimed that their mobile phones had been hacked by or on behalf of the defendant newspaper group. The claims had now in substance been admitted, and the court set out to assess the damages (and aggravated damages) to be paid. Held: The defendants had taken great steps to deny any culpability and … Continue reading Gulati and Others v MGN Limited: ChD 21 May 2015
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
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
The claimants alleged misuse of their private information in collecting information about their internet useage when using Google products. Google now applied for an order setting aside consent for service out of the jurisdiction. Held: The judge dismissed the applications to set aside permission to serve the claim form out of the jurisdiction in respect … Continue reading Vidal-Hall and Others v Google Inc: QBD 16 Jan 2014
ECJ Directive 95/46/EC Scope – Processing and flow of tax data of a personal nature – Protection of natural persons – Freedom of expression [2010] All ER (EC) 213, [2008] ECR I-9831, [2008] EUECJ C-73/07 Bailii Directive 95/46/EC European Citing: Opinion – Tietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws) ECJ 8-May-2008 ECJ Directive … Continue reading Tietosuojavaltuutettu v Satakunnan Markkinaporssi and Satamedia (Approximation Of Laws): ECJ 16 Dec 2008
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007
Privacy Expecation during police investigations Appeal from a judgment finding that the Defendant had breached the Claimant’s privacy rights. He made an award of damages for the infraction of those rights and granted an injunction restraining Bloomberg from publishing information which further identified the Claimant as the subject of a criminal investigation. The court was … Continue reading ZXC v Bloomberg Lp: CA 15 May 2020
Investigation of claimant was properly disclosed The claimant requested the removal of material naming him from the defendant’s website. Criminal investigations into a company with which he was associated were begun, but then concluded. In the interim, the article was published. The hearing had been in private and the claimant anonymised. Held: The weight to … Continue reading ZXC v Bloomberg Lp: QBD 23 Feb 2017
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
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
