TalkTalk ruling shows ICO will back tiered approach to data breach notification, says expert –

Posted September 14th, 2016 in data protection, EC law, fines, internet, news, notification, tribunals by tracey

‘A new ruling by the information rights tribunal suggests that businesses in the UK should be prepared to make multiple notifications to the Information Commissioner’s Office (ICO) in the event of a data breach under new EU data protection laws, an expert has said.’

Full story, 12th September 2016


Courts increasingly willing to ‘show teeth’ against those that fail to comply with disclosure orders, says expert-

Posted September 14th, 2016 in contempt of court, disclosure, enforcement, news by tracey

‘A new ruling shows that UK courts are increasingly willing to “show their teeth” in cases where people and businesses fail to comply with court orders, a civil fraud and asset recovery specialist has said.’

Full story, 13th September 2016


Recent Statutory Instruments –

Posted September 14th, 2016 in legislation by tracey

The International Tax Compliance (Client Notification) Regulations 2016

The Côte d’Ivoire (Asset-Freezing) (Revocation) Regulations 2016

The Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2016

The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2016

The Central Rating List (England) (Amendment) (No. 3) Regulations 2016

The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) Regulations 2016

The Oil and Gas Authority (Fees) Regulations 2016

The Insolvency (Amendment) (No. 2) Rules 2016

The Family Procedure (Amendment No. 2) Rules 2016

The Welfare Reform Act 2009 (Commencement No. 10) Order 2016

The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016

The Social Fund Cold Weather Payments (General) (Amendment) Regulations 2016

The Health and Social Care (Safety and Quality) Act 2015 (Commencement No. 2) Regulations 2016

The General Dental Council (Fitness to Practise) (Amendment) Rules Order of Council 2016


BAILII: Recent Decisions

Posted September 14th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Al-Saadoon & Ors v The Secretary of State for Defence & Ors [2016] EWCA Civ 811 (09 September 2016)

M (Children), Re [2016] EWCA Civ 937 (09 September 2016)

Court of Appeal (Criminal Division)

Forbes & Ors, R v [2016] EWCA Crim 1388 (12 September 2016)

High Court (Administrative Court)

Watt, R (on the application of) v London Borough of Hackney & Anor [2016] EWHC 1978 (Admin) (09 September 2016)

Cakule v The Prosecutor General’s Office of the Republic of Latvia [2016] EWHC 2211 (Admin) (09 September 2016)

High Court (Chancery Division)

Campbell v Campbell [2016] EWHC 2237 (Ch) (13 September 2016)
Wave Lending Ltd v Batra & Anor [2016] EWHC 2238 (Ch) (13 September 2016)

Maud v Aabar Block Sa.r.L Edgeworth Capital (Luxembourg) Sa.r.L [2016] EWHC 2175 (Ch) (08 September 2016)

High Court (Family Division)

Case O (Human Fertilisation and Embryology Act 2008) [2016] EWHC 2273 (Fam) (13 September 2016)

E (A Child : Medical Treatment) [2016] EWHC 2267 (Fam) (12 September 2016)

X (A Child) and Y (A Child) [2016] EWHC 2271 (Fam) (12 September 2016)

Case L (Human Fertilisation And Embryology Act 2008) [2016] EWHC 2266 (Fam) (12 September 2016)

High Court (Patents Court)

Koninklijke Philips NV v Asustek Computer Incorporation & Ors [2016] EWHC 2220 (Pat) (09 September 2016)

High Court (Queen’s Bench Division)

Gamatronic (UK) Ltd & Anor v Hamilton & Anor [2016] EWHC 2225 (QB) (13 September 2016)

Tilley, R (on the application of) v The Vale of Glamorgan Council [2016] EWHC 2272 (QB) (13 September 2016)

Newmafruit Farms Ltd & Ors v Pither & Ors [2016] EWHC 2205 (QB) (09 September 2016)

O’Hare & Ors v Coutts & Co [2016] EWHC 2224 (QB) (09 September 2016)


Men sentenced over illegal supply of migrant workers in East Anglia – The Guardian

‘Two brothers who acted as illegal gangmasters in Wisbech have been given two-year prison sentences suspended for two years at Cambridge crown court.’

Full story

The Guardian, 13th September 2016


Failed 21/7 London bombers lose court claim – BBC News

Posted September 14th, 2016 in explosives, human rights, news, police, terrorism by tracey

‘Three of the 21/7 failed London bombers who said their rights were violated when they were arrested have had their claim rejected by the European Court of Human Rights.’

Full story

BBC News, 13th September 2016


Serious failings in medical care led to man’s death, inquest finds – The Guardian

Posted September 14th, 2016 in health, inquests, medical treatment, negligence, news, paramedics by tracey

‘The NHS has apologised after a coroner criticised “serious failings” in medical care that led to a man dying hours after an ambulance crew failed to diagnose his heart attack and take him to hospital.’

Full story

The Guardian, 13th September 2016


Government breached personal data security 9,000 times in a year – The Guardian

‘Personal data security was breached nearly 9,000 times by the government in a year, the National Audit Office (NAO) has found. The watchdog revealed the 17 largest departments recorded 8,995 data breaches in 2014-15 – but that only 14 were reported to the Information Commissioner (ICO).’

Full story

The Guardian, 14th September 2016


Parliament should get a vote on triggering Brexit Article 50, House of Lords committee says – The Independent

Posted September 14th, 2016 in brexit, constitutional law, EC law, news, parliament, referendums, reports, select committees by tracey

‘The Government should not trigger Article 50 to leave the EU without first consulting Parliament, an eminent committee of peers has said.’

Full story

The Independent, 13th September 2016


European court orders UK to pay convicted terrorist £13,000 over ‘human rights violations’ following London plot – The Independent

Posted September 14th, 2016 in costs, human rights, news, terrorism by tracey

‘The British Government has been ordered to pay a convicted terrorist more than £13,000 because his human rights were “violated” during police interviews over a plot to attack London. The European Court of Human Rights (ECHR) ruled that €16,000 (£13,600) of Ismail Abdurahman’s legal costs must be paid at the culmination of a seven-year court battle.’

Full story

The Independent, 13th September 2016


Rupert Murdoch’s News UK to be censured for misleading Parliament over phone hacking scandal – Daily Telegraph

Posted September 14th, 2016 in interception, media, news, parliament, sanctions, select committees, telecommunications by tracey

‘Rupert Murdoch’s media company News UK is to be censured by Parliament for its conduct in the aftermath of the phone hacking scandal. It is understood that the House of Commons Standards and Privileges Committee will find the company and a number of senior individuals guilty of misleading Parliament.’

Full story

Daily Telegraph, 14th September 2016


Care workers sue council contractor in minimum wage battle – BBC News

Posted September 14th, 2016 in care workers, employment tribunals, local government, minimum wage, news, trade unions by tracey

‘Seventeen care workers are alleging failure to be paid the minimum wage in the sector’s biggest ever legal claim.’

Full story

BBC News, 14th September 2016


Rise in prisoners moved to mental health hospitals – The Guardian

Posted September 14th, 2016 in criminal justice, health, mental health, news, prisons, statistics, suicide by tracey

‘More prisoners are being diagnosed with mental health problems requiring hospital treatment, official figures obtained by the Guardian show. The number of male prisoners being transferred to hospital under the 1983 Mental Health Act grew by more than 20% between 2011 and 2014 in England and Wales, said the Ministry of Justice (MoJ) in response to a freedom of information request.’

Full story

The Guardian, 14th September 2016