Section 13 DPA in the High Court: nominal damage plus four-figure distress award – Panopticon

Posted June 16th, 2014 in compensation, damages, data protection, disclosure, documents, news, time limits by sally

‘Given the paucity of case law, it is notoriously difficult to estimate likely awards of compensation under section 13 of the Data Protection Act 1998 for breaches of that Act. It is also very difficult to assess any trends in compensation awards over time.’

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Panopticon, 13th June 2014

Source: www.panopticonblog.com

Phone hacking trial: After eight months, jury today begins sifting the mountain of evidence – The Independent

‘They are the two words the jury in the phone hacking trial may have waited months to hear. At 3.15pm in court 12 of the Old Bailey, Mr Justice Saunders said: “And finally.”’

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The Independent, 12th June 2014

Source: www.independent.co.uk

Cyril Smith CPS files ‘must be revealed’ – BBC News

‘The Crown Prosecution Service has been told it must reveal details about its decision not to prosecute the former Rochdale MP Cyril Smith for alleged offences against children.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

Rewriting the Register? Statutory powers and jurisdiction to amend the Register of Companies – 11 Stone Buildings

Posted June 5th, 2014 in amendments, company law, documents, news by sally

‘In Registrar of Companies v Angela Swarbrick, Maurice Moses and Craig Lewis (as Joint Administrators of Gardenprime Limited) [2014] EWHC 1466 (Ch), the High Court provides guidance on the provisions of the Companies Act 2006 which permit the removal of unnecessary material on the Register of Companies and clarifies the extent of the Court’s jurisdiction to control the Registrar of Companies’ functions in this regard. Sarah Clarke explains a decision which is likely to expand the circumstances in which the Registrar will agree to remove material.’

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11 Stone Buildings, May 2014

Source: www.11sb.com

Can you really divorce online for £37? – Daily Telegraph

‘Filing the papers can be cheap, but to ensure you get the outcome you want you will probably have to spend more.’

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Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

Chagossians: Wikileaked cable admissible after all – UK Human Rights Blog

‘Rosalind English has summarised this unsuccessful appeal against the rejection of the Chagossians’ claims by the Divisional Court, and I have posted on this litigation arising out of the removal and subsequent exclusion of the population from the Chagos Archipelago in the British Indian Ocean Territory.’


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UK Human Rights Blog, 26th May 2014

Source: www.ukhumanrightsblog.com

Isaac Stoute v LTA Operations Ltd (trading as Lawn Tennis Association) – WLR Daily

Posted May 22nd, 2014 in civil procedure rules, documents, law reports, service by sally

Isaac Stoute v LTA Operations Ltd (trading as Lawn Tennis Association) [2014] EWCA Civ 657; [2014] WLR (D) 212

‘Postal service of a claim form by the court in disregard of the claimant’s request to return the claim form to him so that he could serve it personally, in breach of CPR r 6.4(1)(b), was an “error of procedure”, within rule 3.10, and so did not invalidate service.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) – Supreme Court

L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Tchenguiz and another v Director of the Serious Fraud Office – WLR Daily

Posted May 8th, 2014 in civil procedure rules, consent, disclosure, documents, law reports by tracey

Tchenguiz and another v Director of the Serious Fraud Office: [2014] EWHC 1315 (Comm); [2014] WLR (D) 186

‘A claimant wishing to provide independent counsel with documents which had been disclosed to it in the course of civil proceedings, to obtain advice for potential criminal proceedings, needed the permission of the court to do so as such documents could not be categorised as being “for the purpose of the proceedings” in which the documents had been disclosed within CPR r 31.22.’

WLR Daily, 29th April 2014

Source: www.iclr.co.uk

Pre-signing abortion forms is illegal, General Medical Council admits – Daily Telegraph

Posted May 6th, 2014 in abortion, consent, crime, doctors, documents, illegality, news by tracey

‘More than 60 doctors who pre-signed abortion forms without knowing anything about the women concerned did break the law, the head of the General Medical Council admitted last night as pressure grew on police to investigate.’

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Daily Telegraph, 5th May 2014

Source: www.telegraph.co.uk

Paedophiles to be treated as terrorists under new crackdown – The Guardian

Posted April 28th, 2014 in child abuse, documents, internet, news, prosecutions, sexual offences, terrorism by sally

‘Paedophiles will be handed the same treatment as terrorists under a crackdown on child abuse to be included in the Queen’s speech.’

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The Guardian, 27th April 2014

Source: www.guardian.co.uk

Documents remained privileged when they were sent on to third party’s work email address, High Court rules – OUT-LAW.com

‘Highly confidential documents that were subject to legal professional privilege (LPP) did not lose this status when they were emailed by a party to his girlfriend, who then forwarded them to and accessed them through her work email account, the High Court has ruled.’

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OUT-LAW.com, 28th April 2014

Source: www.out-law.com

Court of Appeal upholds Honda’s liability for workplace pensions caused by faulty legal documents – OUT-LAW.com

Posted April 24th, 2014 in appeals, documents, employment, news, pensions by tracey

‘A recent Court of Appeal decision committing car company Honda to between £47 million and £70m in additional pension scheme benefits due to a mistake in one of the documents is “another lesson in the importance of getting pension scheme documents right”, an expert has said.’

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OUT-LAW.com, 23rd April 2014

Source: www.out-law.com

Briggs and others v Gleeds (Head Office) and others – WLR Daily

Posted April 22nd, 2014 in documents, estoppel, execution, law reports, pensions by sally

Briggs and others v Gleeds (Head Office) and others [2014] EWHC 1178 (Ch); [2014] WLR (D) 174

‘A representation of law could found an estoppel by representation. Estoppel could not be invoked where a document did not even appear to comply with the requirements of section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 on its face or where a document needed to be executed by partners and was stated to be signed, sealed and delivered by each partner but none of those signatures were witnessed. Accordingly members of a pension scheme were not estopped from denying that defective deeds were validly executed.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

No implied copyright licence following takeover, rules Court of Appeal – OUT-LAW.com

Posted April 15th, 2014 in appeals, computer programs, copyright, documents, forgery, licensing, news by tracey

‘A businessman who forged a document and lied about its authenticity has won a legal battle against a major financial institution over copyright.’

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OUT-LAW.com, 15th April 2014

Source: www.out-law.com

ICO fines police force £100k over information left in former station – Local Government Lawyer

Posted March 20th, 2014 in data protection, documents, fines, news by tracey

‘A police force has been fined £100,000 by the Information Commissioner’s Office after confidential information – including interview videotapes – was left in the basement of a former police station.’

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Local Government Lawyer, 20th March 2014

Source: www.localgovernmentlawyer.co.uk

Children separated from their families by courts must know why – Daily Telegraph

‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’

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Daily Telegraph, 18th May 2014

Source: www.telegraph.co.uk

Regina (Evans) v Attorney General – WLR Daily

Regina (Evans) v Attorney General; [2014] EWCA Civ 254;  [2014] WLR (D)  124

‘The issue of a certificate by the Attorney General, an accountable person under the Freedom of Information Act 2000, of a certificate under section 53(2) of the Act so as to override and render ineffective a decision of an independent and impartial tribunal required more than that he merely disagreed with the tribunal’s determination. Examples of what would suffice were that there had been a material change of circumstances since the tribunal’s decision or that it was clearly flawed in fact or in law.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Privilege and reporting the contents of documents read by the court – Legal Week

Posted February 28th, 2014 in defamation, documents, law reports, news, privilege by sally

‘The fair and accurate reporting of court proceedings has long been protected from libel action by the defence of privilege. Contemporaneous fair and accurate reports of court proceedings in public are now protected by absolute privilege and other fair and accurate reports by qualified privilege. In the former case no libel action can be brought, in the latter an action will only succeed if malice is proved.’

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Legal Week, 27th February 2014

Source: www.legalweek.com

Papers about Profumo scandal man ‘should be public’ – BBC News

‘A decision to keep documents relating to a man who was at the centre of the Profumo sex scandal hidden should be overturned, a leading lawyer has said. The Information Commissioner is to be asked to overrule a decision by the National Archives to keep the documents about the trial of Stephen Ward hidden.’

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BBC News, 25th February 2014

Source: www.bbc.co.uk