Category: Information

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: PC 17 Dec 2001

(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.

Judges:

Lord Slynn of Hadley Lord Hoffmann Lord Rodger of Earlsferry Sir Martin Nourse Sir Kenneth Keith

Citations:

No 37 of 2000, [2001] UKPC 58

Links:

PC, PC, PC, Bailii

Citing:

Cited – Reading v Attorney General HL 1-Mar-1951
The applicant had been a sergeant in the army. He had misused army property and his uniform to assist in smuggling operations. After serving his sentence he now sought repayment of the money he had earned.
Held: His claim failed. The money had . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Information, Commonwealth

Updated: 05 June 2022; Ref: scu.167223

Reid, Robertson v City of Wakefield Metropolitan Council, Secretary of State for the Home Department: Admn 16 Nov 2001

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.

Judges:

Mr Justice Maurice Kay

Citations:

Times 27-Nov-2001, Gazette 10-Jan-2002, [2001] EWHC Admin 915, [2002] QB 1052

Links:

Bailii

Statutes:

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)

Jurisdiction:

England and Wales

Cited by:

Cited – Robertson, Regina (on the Application of) v Experian Ltd and Another (2) Admn 21-Jul-2003
The claimant sought a judicial review of the regulations allowing sale of the electoral role by local government bodies to registered credit reference agencies. An adjournment was refused, and the case proceeded in his absence.
Held: The . .
Cited – I-CD Publishing Ltd v The Secretary of State, The Information Commissioner (Interested Party) Admn 21-Jul-2003
The claimant sought judicial review challenging the restrictions on the sale of electoral registers to registered credit reference agencies. Following Robertson (1) the new regulations created two registers, and the claimant sought to be able to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Information, Elections

Updated: 04 June 2022; Ref: scu.166813

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 8, because there was no independent mechanism for determining whether or not access should be permitted where the consent of third party contributors could not be obtained. The Court emphasised the need for specific justification for preventing individuals from having access to information which forms part of their private and family life. Relationships between children and foster parents or carers fall within the definition of ‘family’ within the meaning of Article 8.
The Court rejected any claim under article 10 ‘in the circumstances of the case’ for essentially the same reason as it had in Leander, which it followed.
However, the court rejected a submission that Article 10 provided the applicant with a right of access to social services care records concerning periods of his childhood spent in foster care, saying: ‘The Court holds, as it did in Leander v. Sweden, that ‘the right to freedom to receive information basically prohibits a Government from restricting a person from receiving information that others wish or may be willing to impart to him.’ Also in the circumstances of this case, Article 10 does not embody an obligation on the State concerned to impart the information in question to the individual.
There has thus been no interference with Mr Gaskin’s right to receive information as protected by Article 10.’

Judges:

R Ryssdal, P

Citations:

10454/83, [1990] 1 FLR 167, [1989] ECHR 13, (1989) 12 EHRR 36

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 8 10

Jurisdiction:

Human Rights

Citing:

Applied – 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 . .
At Court of Appeal – Gaskin v Liverpool City Council CA 1980
The plaintiff, who had been in the care of the respondent authority as a child, brought proceedings against the local authority for negligence in their care of him. His application for disclosure of the case notes and records of his period in care . .

Cited by:

Cited – 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 . .
Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Cited – Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others FD 5-Jul-2007
The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter.
Held: The application was frivolous. . .
Cited – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Cited – Kennedy v Charity Commission CA 20-Mar-2012
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court CA 3-Apr-2012
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court.
Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil . .
Cited – 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 . .
Cited – Gillberg v Sweden ECHR 3-Apr-2012
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Family, Information

Updated: 04 June 2022; Ref: scu.165046