Case Law, R (T) v Secretary of State for the Home Department, Criminal record check regime incompatible with Article 8 – Anita Davies

29 06 2014

cbr_2433751bOn 18 June 2014 the Supreme Court handed down judgment in R (T) v Secretary of State for the Home Department [2014] UKSC 35. The case concerns the mechanism governing criminal records checks (‘CRCs’) and enhanced criminal record checks (‘ECRCs’), and what an applicant is required to disclose to a potential employer. As such, the case has important ramifications for both employers and job applicants. It is also the latest development in a long running saga concerning criminal record checks and an individual’s ability, and indeed right, to put the past behind them. Read the rest of this entry »





Case Law, Scotland: A v BBC, Anonymity order compatible with Convention and common law – Rosalind English

19 05 2014

anonymity21The appeal in the case of A v BBC ([2014] UKSC 25) related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case.  The Supreme Court unanimously dismissed the appeal by the BBC. Read the rest of this entry »





Case Law: Kennedy v Charity Commission, Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – David Hart QC

31 03 2014

news-graphics-2007-_637463aIn the case of Kennedy v Chairty Commission ([2014] UKSC 20), in judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000. Read the rest of this entry »





Case Law: Hayes v Willoughby, harassment defence requires “rational belief” – Aileen McColgan

8 06 2013

HarassmentThe statutory tort of harassment as set out in the Protection from Harassment Act 1997 was considered by the Supreme Court in Hayes v Willoughby ([2013] UKSC 17). The issue before the Court concerned the scope of one of the defences to the tort (section 1(3)): that the conduct complained of was for the purpose of preventing or detecting crime. The Supreme Court held that this defence can succeed only if the defendant rationally believed that his or her activity was for this purpose. Read the rest of this entry »





Does copyright control browsing? Meltwater in the UK Supreme Court – Graham Smith

28 04 2013

nla1Back in July 2011 I commented on the Court of Appeal judgment in Newspaper Licensing Agency v Meltwater ([2011] EWCA Civ 890) and explained how the reach of digital copyright had accidentally been increased beyond that in the offline world.  That was as a result of accepting that transient and temporary copies created in computer memory count as copies for copyright purposes.  Read the rest of this entry »





Privacy and the paparazzi: the Spanish Supreme Court view – Eduardo Zamora and Isabel Martorell

7 11 2012

While the privacy complaint of the Duchess of Cambridge received unprecedented attention from the press and legal commentators alike, the Spanish Supreme Court recently found itself grappling with a number of similar issues.

In 2007, the Spanish media was shocked by the publication of pictures of a famous Spanish actress, Elsa Pataky, in a state of considerable undress on a Mexican beach. She was getting changed while shooting a feature for the magazine ELLE when two paparazzi took pictures of her from a hotel some distance from the beach. Read the rest of this entry »





Case Comment: Phillips v Mulcaire, Supreme Court dismisses self-incrimination appeal – Dan Tench

9 07 2012

The Supreme Court has had its first (and perhaps last) look at an issue arising from the phone hacking litigation against the News of the World newspaper.   The appeal related to a request for further information served by the Claimant, Ms Nicola Phillips, on the Second Defendant, Mr Glenn Mulcaire, the private investigator engaged by the newspaper.  Read the rest of this entry »








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