‘Hampshire County Council should pay £10,000 in compensation after a mother who was fleeing her ex-partner had her address exposed in a data breach, Portsmouth Magistrates’ Court has ruled.’
Local Government Lawyer, 6th September 2021
Source: www.localgovernmentlawyer.co.uk
‘On 6 July 2021 the European Court of Human Rights (ECtHR) published its judgment in the case of Norman v UK (Application no. 41387/17). The case concerned Mr Robert Norman, an officer at Belmarsh prison, who in 2015 was convicted of misconduct in public office for passing a variety of information to a tabloid journalist in exchange for money. The ECtHR found that, in Mr Norman’s case, the offence itself did not constitute a breach of Article 7 ECHR (no punishment without law): Mr Norman’s conduct was sufficiently serious for it to have been foreseeable that it would constitute a criminal offence. The ECtHR also found that the newspaper’s disclosure of Mr Norman’s activities to the police, and his subsequent prosecution and conviction, did not breach his rights under Article 10 ECtHR (freedom of expression).’
UK Human Rights Blog, 6th September 2021
Source: ukhumanrightsblog.com
‘Pharmaceutical manufacturers that claim patent rights over multiple compounds on the basis of a general formula will welcome a new ruling by the Court of Appeal in London, experts in patent litigation have said.’
OUT-LAW.com, 2nd September 2021
Source: www.pinsentmasons.com
‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’
3PB, 9th August 2021
Source: www.3pb.co.uk
‘Reprieve, a legal action non-governmental organisation, and two MPs judicially reviewed the Prime Minister’s decision not to hold a public inquiry into the alleged complicity of British state agents in the unlawful rendition, detention, and mistreatment of individuals by other states in the years following the attack on New York in September 2001. The Court of Appeal held that the claimants were not victims within the meaning of the Human Rights Act 1998 (HRA 1998) and that Article 6(1) of the European Convention on Human Rights (ECHR) therefore did not apply to the claim. It further decided that the claimants were not entitled to disclosure in accordance with the standard set in SSHD v AF (No 3). Written by Jonathan Lewis, barrister at Henderson Chambers.’
Henderson Chambers, 3rd August 2021
Source: www.hendersonchambers.co.uk
‘James Thompson and Suzanne El-Safty consider the importance of underwriting evidence for insurers attempting policy avoidance, in the context of Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590 (“the Niramax case”) and Jones v Zurich Insurance plc [2021] EWHC 1320 (Comm) (“the Jones case”).’
Mills & Reeve, 30th July 2021
Source: www.mills-reeve.com
‘The Supreme Court has unanimously dismissed this appeal concerning the standards to be applied by a court on judicial review of the contents of a policy document or statement of practice issued by a public authority. It is one of two appeals heard by the same panel of five Justices examining similar issues. It should be read together with the Court’s judgment in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38.’
UKSC Blog, 30th July 2021
Source: ukscblog.com
‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’
Legal Futures, 30th July 2021
Source: www.legalfutures.co.uk
‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’
Littleton Chambers, 22nd July 2021
Source: littletonchambers.com
‘The facts of the case followed an all too familiar format. There was a neighbour dispute between Mr Berry and two of his neighbours. Serious allegations were being made on both sides. Complaints had been made to Southern Housing Group Ltd and to the police. The police were investigating both Mr Berry and his neighbours in relation to threatening behaviour. There was evidence that both Mr Berry and his neighbour had mental health difficulties, which were being seriously exacerbated by the ongoing dispute.’
Nearly Legal, 27th July 2021
Source: nearlylegal.co.uk
‘The US government has requested that the country’s civil courts prevent the disclosure of the employment details of Harry Dunn’s alleged killer in the interests of “national security”.’
The Guardian, 25th July 2021
Source: www.theguardian.com
‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’
Legal Futures, 2nd July 2021
Source: www.legalfutures.co.uk
‘A public inquiry into Covid should be launched immediately, a senior retired judge has said with a warning that if it does not report back for four or five years “it ceases to form a useful function”.’
The Guardian, 24th June 2021
Source: www.theguardian.com
‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’
No. 5 Chambers, 11th June 2021
Source: www.no5.com
‘In GMP v Aston we receive a helpful reminder of the approach to be applied in cases where there are multiple protected disclosures spanning a significant period and allegations of multiple detriments involving multiple perpetrators and multiple victims. The case also involves an alleged detriment consisting of evidence given in other tribunal proceedings which was subject to judicial proceedings immunity (JPI) and deals with the issue of whether evidence which is covered by JPI can amount to a detriment. Finally, where the issue of JPI had not been raised before the first instance Tribunal, the Appeal Tribunal considered whether it had to deal with this newly argued point (i.e. whether it was mandatory) or whether it had a discretion to consider the newly argued point (i.e. whether it was discretionary). The considerations when deciding whether or not to exercise the discretion are also set out.’
3PB, 10th June 2021
Source: www.3pb.co.uk
‘Subject Access Requests (SARs) are an essential tool for individuals and their lawyers, especially when it comes to immigration and nationality law. This post looks at what they are, why they are important, and how to make an Immigration Subject Access Request.’
Richmond Chambers, 9th June 2021
Source: immigrationbarrister.co.uk
‘Greenpeace has launched legal action against the UK government over ministers’ failure to disclose information over the first deep sea mining exploration licences to be made public.’
The Independent, 13th June 2021
Source: www.independent.co.uk
‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’
Law Society's Gazette, 9th June 2021
Source: www.lawgazette.co.uk
‘In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143, the Court of Appeal considered a highly technical breach of the duty imposed on company directors to disclose any interest in a contract or proposed contract entered into by their company. The decision considers several practical issues surrounding the duty to disclose, such as whether disclosure is effective only if given after the terms have been agreed and the board has considered whether these represent fair value; and whether disclosure at a first board meeting is effective for subsequent meetings. The case also highlights differences in the statutory frameworks applicable to the duty under the Companies Act 1985 and 2006.’
Hardwicke Chambers, 11th May 2021
Source: hardwicke.co.uk
‘Seven in 10 lawyers consider the disclosure pilot scheme unfit for purpose, with many believing it has exacerbated the adversarial environment, new research has found.’
Litigation Futures, 19th May 2021
Source: www.litigationfutures.com
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