Digital Economy Bill, Clause 64, HMRC information – Dan Tench

29 07 2016

hmrc-2In a post on 26 July 2016, I wrote about three curiosities arising from Part 5 of the Digital Economy Bill which provides for the sharing of information in government.  There is however one further important curiosity relating to Part 5 of the Bill concerning information held by HMRC and arising from a case recently before the Supreme Court, R (Ingenious Media and Anr) v HMRCRead the rest of this entry »





Digital Economy Bill: new offences for the disclosure of information and the risk to journalists – Dan Tench

26 07 2016

commons_floor-460In the recent weeks of political furore, readers may have missed the publication on 5 July of the Digital Economy Bill.  The Bill contains a ragbag of provisions from controlling access to online pornography to regulation of the BBC. Read the rest of this entry »





Brexit: Implications for Data Protection Law – Dan Tench

15 07 2016

data-protection-and-cyberFor months, data protection lawyers have been warning businesses in the UK to make preparations for the pending General Data Protection Regulation (the “Regulation”), due to come into force in May 2018. The Regulation provides for a ratcheting up of data protection obligations and a hefty new fining regime for breaches of these obligations of up to 4% of global turnover. Read the rest of this entry »





Case Law: Sports Direct International v Rangers, A level playing field for contempt – Dan Tench

12 02 2016

Sports DirectThe decision of Mr Justice Peter Smith in Sports Direct International plc v Rangers International Football Club plc and another [2016] EWHC 85 (Ch) to refuse to commit the respondent for contempt for alleged breach of an injunction shows the caution that the court will sometimes show when it comes to seeking to enforce injunctive relief. Read the rest of this entry »





Case Law: Cheshire West and Chester Council v Pickthall, Harassment and pursuing criminal conduct – Dan Tench

2 08 2015

Cheshire-West-and-Chester-CouncilIn Cheshire West and Chester Council and others v Pickthall, [2015] EWHC 2141 (QB) Mr Justice Edis granted an interim injunction under the Protection from Harassment Act 1997 (the “PHA”) to restrain the defendant from publishing allegations of criminal conduct on the part of the claimant Council and various individuals associated with it.  In doing so, he showed the balance between freedom of expression and protection from harassment at the interim stage. Read the rest of this entry »





Case Law: OPO v James Rhodes (formerly MLA): Pianist’s book unbanned, no intention to cause distress – Dan Tench

20 05 2015

InstrumentalThe Supreme Court handed down today its judgment in OPO v MLA ([2015] UKSC 32), the case in which the Court of Appeal had – extraordinarily – granted an injunction to prevent the publication of a book solely on the ground that it might cause psychological harm to the author’s son. In a compelling and comprehensive judgment, the Supreme Court reversed the decision of the Court of Appeal and discharged the injunction. Read the rest of this entry »





When to continue an injunction: Kerner v Persons Unknown, Part 2 – Dan Tench

17 05 2015

dantench_avatar_1421406492In Kerner v (1) WX (2) YZ (Persons Unknown), Mr Justice Warby has continued an harassment injunction and ordered disclosure against the DVLA so that the claimants can obtain details which may track down the respondents, a photographer and his associate. Read the rest of this entry »