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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: 2003 To: 2003

This page lists 17 cases, and was prepared on 08 August 2015.

 
IN THE MATTER OF APPLICATIONS Nos. IPT/01/62 and IPT/01/77 IPT/01/77; IPT/01/62
23 Jan 2003
IPT

Information, Human Rights
Rule 9(6) was ultra vires section 69 of RIPA as being incompatible with article 6 of the Convention but that "in all other respects the Rules are valid and binding on the Tribunal and are compatible with articles 6, 8 and 10 of the Convention".
Investigatory Powers Tribunal Rules 2000 (SI 2000/2665)
1 Citers

[ IPT ]

 
 Douglas etc -v- Hello! Ltd etc; ChD 11-Apr-2003 - [2003] EWHC 786 (Ch); Times, 21 April 2003; [2003] 3 All ER 996; [2003] EMLR 31
 
In re J (a Child) (Care Proceedings: Disclosure) Times, 16 May 2003; Gazette, 14 August 2003
9 May 2003
FD
Wall J
Children, Local Government, Information
A report had been prepared by the local authority into the way in which it had handled the proceedings. The guardian sought to inspect the report and the authority resisted, claiming public interest immunity. Held: The report had been prepared in connection with the matters underlying the proceedings. By virtue of the Act, the child's guardian had the right to inspect all such documents irrespective of any rule of law or enactment otherwise preventing disclosure. The child had been removed from the home and medically examined, but the mother had not been given the true reasons for the action. Later, before the guardian was appointed, the authority also misled the court. An order for disclosure had been made by the magistrates court, but resisted by the authority. Questions of Public Interest Immunity simply did not arise. Confidentiality would not be lost by disclosure to the guardian.
Children Act 1989 42(3)
1 Cites



 
 Rechnungshof -v- Osterreichischer Rundfunk & Others (Approximation Of Laws); ECJ 20-May-2003 - C-139/01; [2003] EUECJ C-139/01
 
Osterreichischer Rundfunk & Others C-138/01; [2003] EUECJ C-138/01
20 May 2003
ECJ
GC Rodriguez Iglesias, P
European, Information
ECJ Protection of individuals with regard to the processing of personal data - Directive 95/46/EC - Protection of private life - Disclosure of data on the income of employees of bodies subject to control by the Rechnungshof
1 Citers

[ Bailii ]

 
 Rechnungshof -v- Osterreichischer Rundfunk and others; ECJ 20-May-2003 - C-465/00; [2003] EUECJ C-465/00
 
Regina (on the Application of Ellis) -v- The Chief Constable of Essex Police [2003] EWHC 1321 (Admin); Times, 17 June 2003; Gazette, 10 July 2003
12 Jun 2003
Admn
Mr Justice Goldring The Lord Chief Justice Of England &Amp; Wales
Police, Information, Media
An officer proposed to print the face of a convicted burglar on posters to be displayed in the town. The court considered the proposal. The probation service objected that the result would be to make it more difficult for him to avoid criminality on his release, and it might affect his children and wife. Held: The court made no declaration. The scheme might be administered in a way which was lawful. It would be necessary to view each instance of the scheme in the light of the circumstances of each case.
1 Cites

1 Citers

[ Bailii ] - [ Bailii ]
 
Archer -v- Williams [2003] EWHC 1670 (QB); [2003] EMLR 38
3 Jul 2003
QBD
Jackson J
Information, Employment
The claimant brought an action for breach of confidence against a former employee.
1 Citers

[ Bailii ]
 
Robertson, Regina (on the Application of) -v- Experian Ltd and Another (2) [2003] EWHC 1760 (Admin); Times, 11 August 2003
21 Jul 2003
Admn
Maurice Kay J
Elections, Information, Human Rights
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 earlier case had successfully challenged the earlier regulations because they allowed the sale of electoral registers for marketing purposes. The new regulations restricted sales to appropriate and registered credit reference agencies for the prevention of fraud and similar purposes. Any interference in the claimant's was small and justified and proportionate given that wider social aim.
Representation of the People (England and Wales) (Amendment) Regulations 2002 (2002 No 1871) 114
1 Cites

1 Citers

[ Bailii ]
 
D -v- L [2004] EMLR 1; [2003] EWCA Civ 1169
31 Jul 2003
CA
Waller LJ, Phillips of Worth Matravers LJ MR, carnwath LJ
Media, Information
L and D lived together. Fearing the breakdown of the relationship, L used a voice activated recorder to record their conversations. D sought an order to restrain their publication after elements appeared in national newspapers. The court also considered the particular status of improperly taken photographs. Held: Walker LJ said: "A court may restrain the publication of an improperly obtained photograph even if the taker is free to describe the information which the photographer provides or even if the information revealed by the photograph is in the public domain. It is no answer to the claim to restrain the publication of an improperly obtained photograph that the information portrayed by the photograph is already available in the public domain."
1 Citers

[ Bailii ]
 
Gosling -v- Secretary of State for the Home Department [2003] UKIT NSA4
1 Aug 2003
IT

Information

[ Bailii ]
 
Hitchens -v- Secretary of State for the Home Department [2003] UKIT NSA5
4 Aug 2003
IT

Information

[ Bailii ]
 
Lord, Regina (on the Application of) -v- Secretary of State for the Home Department [2003] EWHC 2073 (Admin)
1 Sep 2003
Admn
The Honourable Mr Justice Munby
Prisons, Information
The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued that disclosure beyong 'gist' reports would threaten the system of categorisation, which was intended for the protection of the public. Held: The prisoner should see "the gist of the reports", not the gist of the Governor or Deputy Governor's overall assessment or recommendation, but the gist of the reports – all of them. Redacting information to this extent made it impossible for him to prepare any answer. The prisoner had been treated shabbily. "Likely" in section 29(1) connotes a degree of probability where there is a very significant and weighty chance of prejudice to the identified public interests. The proper balance called for by section 7(4)(b) between the legitimate interests of the prisoner and of the authors of the reports can be held by a system of targeted non–disclosure.
Data Protection Act 1998 7 29(1)
1 Cites

1 Citers

[ Bailii ]

 
 Criminal proceedings against Lindqvist; ECJ 6-Nov-2003 - [2004] All ER (EC) 561; Times, 13 November 2003; [2003] EUECJ C-101/01; [2004] 2 WLR 1385; [2004] Info TLR 1; ECLI:EU:C:2003:596; [2004] QB 1014; [2003] ECR I-12971; [2004] CEC 117; [2004] 1 CMLR 20; C-101/01

 
 Douglas and others -v- Hello! Ltd etc; ChD 7-Nov-2003 - [2003] EWHC 2629 (Ch); [2004] EMLR 2

 
 In re a local authority (Inquiry: restraint on publication); A Local Authority -v- A Health Authority and A; FD 27-Nov-2003 - [2003] EWHC Fam 2746; Times, 05 December 2003; Gazette, 22 January 2004; [2004] EWHC 2746 (Fam); [2004] Fam 96; [2004] Fam Law 179; [2004] 1 FCR 113; [2004] 1 All ER 480; [2004] 2 WLR 926; (2004) 7 CCL Rep 426; (2004) 76 BMLR 210; [2004] BLGR 117; [2004] 1 FLR 541

 
 Durant -v- Financial Services Authority; CA 8-Dec-2003 - [2003] EWCA Civ 1746; Times, 02 January 2004; [2004] FSR 28
 
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