Employer liability for criminal data breach by rogue employee – Technology Law Update

‘Organisations that hold and process personal data have already had to contemplate the prospect of €20 million fines for not matching up to the requirements of the GDPR. Now the Court of Appeal has given a ruling that presents another type of exposure risk where personal data is concerned. Upholding a High Court decision given in November 2017, this second ruling confirms that an employer can be liable for the actions of a rogue employee in exposing the private information of thousands of other members of staff.’

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Technology Law Update, 26th October 2018

Source: www.technology-law-blog.co.uk

Seven jailed over plot to fly drugs into UK prisons with drones – The Guardian

Posted October 29th, 2018 in aircraft, conspiracy, drug trafficking, news, prisons, sentencing by sally

‘Seven members of a gang that used drones to airlift £500,000 worth of drugs into prisons have been given jail terms ranging from three to 10 years.’

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The Guardian, 26th October 2018

Source: www.theguardian.com

Opinion: Let’s end the civil partnership ban on these devoted, long-term, cohabiting people – Family Law

Posted October 29th, 2018 in bills, civil partnerships, cohabitation, news by sally

‘Tomorrow [26 October], Tim Loughton will seek, through an amendment to his private members’ bill, to speed through legislation to allow mixed sex couples who disapprove of marriage to register as civil partners instead. Gay couples already have the option of marriage or civil partnership; for straight couples, it’s marriage or nothing, writes Catherine Utley, a former Senior Broadcast Journalist at BBC World Service News.’

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Family Law, 25th October 2018

Source: www.familylaw.co.uk

Man arrested for trying to steal Magna Carta – The Guardian

Posted October 29th, 2018 in attempts, magna carta, news, theft by sally

‘A man has been arrested on suspicion of trying to steal a Magna Carta from Salisbury Cathedral.’

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The Guardian, 26th October 2018

Source: www.theguardian.com

Hit-and-run crashes rise by 45% in four years – BBC News

Posted October 29th, 2018 in dangerous driving, news, sentencing, statistics by sally

‘The number of hit-and-run crashes in England and Wales has risen by 45% in four years, the BBC has learned.’

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BBC News, 28th October 2018

Source: www.bbc.co.uk

Officer who Tasered Jordan Begley guilty of ‘potential misconduct’ – The Guardian

Posted October 29th, 2018 in disciplinary procedures, inquests, news, police, weapons by sally

‘A police officer who Tasered a man shortly before his death should not have held the trigger for such a long time, the police watchdog has found.’

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The Guardian, 26th October 2018

Source: www.theguardian.com

Top UK health bodies demand new clean air act – The Guardian

Posted October 29th, 2018 in health, news, pollution by sally

‘The UK’s leading health professionals are calling on the government to implement the biggest shake-up of air quality legislation for 60 years in an effort to tackle the country’s growing air pollution crisis.’

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The Guardian, 28th October 2018

Source: www.theguardian.com

A way to deal with delinquent lessors? – Nearly Legal

Posted October 26th, 2018 in covenants, landlord & tenant, leases, news by sally

‘A not infrequent problem for leaseholders is a landlord who takes a lackadaisical approach to enforcing leasehold covenants, or worse yet allows or waives breaches of covenants by certain leaseholders.’

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Nearly Legal, 24th October 2018

Source: nearlylegal.co.uk

Property Guardians – licence not tenancy in office building – Nearly Legal

Posted October 26th, 2018 in landlord & tenant, leases, news, repossession by sally

‘Camelot Guardian Management Ltd v Khoo (2018) EWHC 2296 (QB). This is quite a significant judgment on the issue of property guardians and the licence/tenancy distinction. This was Mr Khoo’s appeal of a first instance possession judgment that found his occupation was under a licence, not a tenancy.’

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Nearly Legal, 23rd October 2018

Source: nearlylegal.co.uk

Saved by silence: Letters of intent and Arcadis v Amec – Practical Law: Construction Blog

Posted October 26th, 2018 in construction industry, contracts, news by sally

‘Employers under construction contracts often find themselves under time pressure to get started with construction of their projects prior to concluding negotiations with their preferred contractor and before the building contract is entered into. In such a scenario, employers commonly choose to rely on a letter of intent. This should give the contractor comfort to proceed with certain elements of the construction works, while the parties continue to negotiate the full contract terms. Unfortunately not all “letters of intent” are clearly formulated in advance, and the parties may find themselves proceeding with the works on the basis of a series of exchanges and correspondence, as was the case in Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd.’

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Practical Law: Construction Blog, 24th October 2018

Source: constructionblog.practicallaw.com

The right of appeal against refusal of a residence card: the latest developments – UK Human Rights Blog

Posted October 26th, 2018 in appeals, EC law, families, human rights, immigration, news by sally

‘As discussed previously on the Blog, the rights of the family members of EEA nationals to reside in the UK is currently in a state of flux. One important issue concerns the appeal rights of an “extended family member” of an EEA national.’

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UK Human Rights Blog, 24th October 2018

Source: ukhumanrightsblog.com

BAILII: Recent Decisions

Posted October 26th, 2018 in law reports by sally

Supreme Court

KO (Nigeria) & Ors v Secretary of State for the Home Department (Respondent) [2018] UKSC 53 (24 October 2018)

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 (25 October 2018)

Lyons v Fox Williams LLP [2018] EWCA Civ 2347 (25 October 2018)

Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) (Criminal Injuries Compensation) [2018] EWCA Civ 2367 (25 October 2018)

High Court (Administrative Court)

Botos v Public Prosecutors Office, At the Court of Udine, Italy [2018] EWHC 2809 (Admin) (25 October 2018)

Bonner v Secretary of State for Justice [2018] EWHC 2819 (Admin) (25 October 2018)

High Court (Chancery Division)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2018] EWHC 2747 (Ch) (25 October 2018)

Kent v Paterson-Brown & Anor [2018] EWHC 2830 (Ch) (25 October 2018)

AIG Europe Ltd & Anor, Re [2018] EWHC 2818 (Ch) (25 October 2018)

Griffith v Gourgey & Ors [2018] EWHC 2807 (Ch) (25 October 2018)

Lehman Brothers Australia Ltd v Lomas & Ors [2018] EWHC 2783 (Ch) (24 October 2018)

Pollock v Oldfield & Anor [2018] EWHC 2743 (Ch) (24 October 2018)

High Court (Commercial Court)

Rotam Agrochemical Company Ltd & Anor v GAT Microencapsulation GMBH [2018] EWHC 2765 (Comm) (25 October 2018)

SDI Retail Services Ltd v The Rangers Football Club Ltd [2018] EWHC 2772 (Comm) (24 October 2018)

High Court (Family Division)

RV v VT [2018] EWHC 2808 (Fam) (19 October 2018)

Source: www.bailii.org

Lord Hodge at East China University of Political Science and Law, Shanghai, China, Speech – Supreme Court

‘Financial Technology: Opportunities and Challenges to Law and Regulation, East China University of Political Science and Law, Shanghai, China.’

Full speech

Supreme Court, 26th October 2018

Source: www.supremecourt.uk

Court rejects claim ‘one succession rule’ unlawfully discriminated over divorce – Local Government Lawyer

Posted October 26th, 2018 in divorce, housing, human rights, landlord & tenant, local government, news, succession by sally

‘Rules governing the right to take over a social housing tenancy when the former tenant dies do not discriminate unlawfully between widows and divorcees contrary to Article 14 of the European Convention on Human Rights (ECHR), the High Court has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

Welsh policy on FE provision for young people with learning difficulties “lawful” – Local Government Lawyer

‘Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability, a High Court judge has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

CA refuses to widen solicitor’s retainer for negligence claim – Legal Futures

Posted October 26th, 2018 in appeals, negligence, news, personal injuries, solicitors by sally

‘Solicitors do not have to carry out investigative tasks in areas they not been asked to deal with, however beneficial to the client it might have turned out to be, the Court of Appeal has ruled. In doing so, it rejected an appeal by a former client of City firm Fox Williams against a decision that cleared the solicitors of negligence.’

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Legal Futures, 26th October 2018

Source: www.legalfutures.co.uk

Publication of revised Code for Crown Prosecutors – Crown Prosecution Service

Posted October 26th, 2018 in codes of practice, Crown Prosecution Service, press releases by sally

‘Revisions to the Code for Crown Prosecutors have been unveiled today by Director of Public Prosecutions Alison Saunders.’

Full press release

Crown Prosecution Service, 24th October 2018

Source: www.cps.gov.uk

Gender Recognition Act ‘could criminalise innocent staff’ – Law Society’s Gazette

Posted October 26th, 2018 in disclosure, employment, gender, news, transgender persons by sally

‘HR staff trying to help trans people applying for a job may inadvertently commit a criminal offence under the Gender Recognition Act, employment lawyers have told the government, which is considering how trans people can achieve legal recognition more easily.’

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Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

Bar Council: LASPO has failed – The Bar Council

‘Legislation passed five years ago has failed to meet its aims and has created an unfair and inefficient justice system, says the Bar Council as new research shows the true impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO).’

Full press release

The Bar Council, 25th October 2018

Self-harm and violent attacks in prisons hit record high as incidents rise by 20% in a year, figures show – The Independent

Posted October 26th, 2018 in news, prisons, self-harm, statistics, violence by sally

‘Incidents of self-harm in jails across England and Wales increased to 49,565 in the year to June 2018, with the number of self-harming individuals up by 10 per cent, despite a reduction in the overall prison population.’

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The Independent, 25th October 2018

Source: www.independent.co.uk