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Month: March 2012


31.03.12

Parliamentary Joint Committee on Privacy and Injunctions reports no need for legislation

set up in the wake of the spate of highly publicised privacy injunctions last year, the Parliamentary Joint Committee on Privacy and Injunctions has published its final report.  significantly, the report rejects criticisms that privacy law has beenjudge made, stating that it has evolved from the Human Rights Act 1998.  The report concludes that a statute defining the right…

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27.03.12

Chris Cairns awarded £90,000 following first High Court "twibel" trial

Mr Justice Bean handed down judgment today in Cairns v Modi [2012] EWHC 756 (QB), finding in favour of the former cricketing all-rounder Chris Cairns.  The Claimant had sued the former Chairman and Commissioner of the Indian Premier League Lalit Modi after a 2010 tweet in which Modi had stated Cairns had been involved in match fixing.  The extent of the tweet’s publication in…

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26.03.12

Benefit calculation should not incorporate the costs of the commission of offence

In Ahmed and Ahmad [2012] EWCA 391 the Court of Appeal was tasked with considering the calculation of confiscation orders made under the Criminal Justice Act 1988 following the conviction of co-defendants in a huge carousel fraud. Both defendants had been ordered to pay £92,333,667 within two months under penalty of a ten year default sentence. It…

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23.03.12

Solicitors from Hell appeal thrown out

Rick Kordowski, the founder/operator of the now defunct solicitors from Hell website, has been refused permission to appeal the High Court ruling that closed down the website.  On 15 November 2011 Tugendhat J ordered that Mr Kordowski cease publishing the website.  On 7 December a final order was made, inter alia, preventing Mr Kordowski from establishing a similar website. In refusing permission sir…

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22.03.12

Supreme Court allows Times defamation appeal on public interest qualified privilege

In Flood “v- Times News Limited [2012] UKsC 11 the supreme Court allowed the appeal of the Defendant publisher, overturning the decision of the Court of Appeal and restoring the 2009 decision of Mr Justice Tugendhat.  Tugendhat Js original decision in the High Court was of particular significance as it was the first time a national newspaper had…

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19.03.12

Unlawful seizure of cash is no bar to forfeiture

In the secretary of state for the Home Department v Tuncel and Basbaydar [2012] EWHC 402 Keith J was effectively asked to determine the question of whether an unlawful seizure of cash precludes forfeiture under section 298 POCA 2002. Mr Tuncel and Mr Basbaydar had been trying to board a plane to Istanbul at Heathrow when customs…

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15.03.12

Frozen bank account and no explanation – an overview of suspicious Activity Reports and the high street bank customer from Brett Wilson LLP civil fraud solicitors.

suspicious Activity Reports (sARs) have been with us for over 10 years, but to many outside the Regulated sector they are a somewhat unfamiliar concept. The number of sARs has increased steadily.  The latest available statistics (October 2009-september 2010) show that nearly 250,000 sARs are made each year.  So what exactly is a sAR, what goes on behind…

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4.03.12

End of the line for Ryan Giggs privacy claim

What was arguably the most high profile case of the last year came to a messy end in the High Court on Friday 2 March 2012 when Tugendhat J refused to reinstate Ryan Giggs claim for the misuse of confidential information.  It had emerged that the claim had automatically been struck out on 18 November 2011…

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1.03.12

Assets acquired after confiscation are a legitimate target for pre-POCA cases

In the matter of Peacock [2012] UKsC 5 the supreme Court was asked to decide whether assets acquired perfectly legitimately after a confiscation order made under the Drug Trafficking Act 1994, can lawfully be assessed against the benefit figure in that Order for the purpose of a re-determination. In January 1997, the Appellant pleaded guilty to conspiring to…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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