Tag Archives: appeal

Appeal in Google v Vidal-Hall withdrawn

Google has withdrawn its appeal to the Supreme Court in  Vidal-Hall v Google Inc [2015] EWCA Civ 311.  Therefore the landmark Court of Appeal decision, discussed here on this blog, that damages can be awarded under the Data Protection Act 1998 for distress and anxiety, even if no financial loss suffered, will stand as good law.

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Revenge Porn blackmail suspended sentence held too lenient by Court of Appeal

In Attorney General’s Reference (No.84 of 2015) sub nom R v Jamie Gabriel (2015) the Court of Appeal considered the appropriateness of a two-year prison sentence, suspended for 18 months, imposed for blackmail.

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stay of confiscation must be exceptional

In Beazley and Beazley [2013] EWCA 567 the Court of Appeal heard an appeal by the prosecution against a terminating ruling of a Recorder to stay confiscation proceedings. The defendants had been convicted of offences contrary to section 92 Trade Marks Act 1994. such offences are in fact ‘criminal lifestyle’ offences by virtue of their inclusion in schedule 2 to the Proceeds of Crime Act 2002. In spite of some generous concessions by the prosecution, the result of the application of the relevant assumptions rather offended the Recorder’s sense of fair play and he called an end to it all by staying for abuse of process. The Court of Appeal, chaired by the Vice President were not impressed. Lord Justice Hughes said that a stay “cannot be invoked where the judge feels unhappy about the consequences of a statutory regime which has been put in place by Parliament”. To the contrary the Court found “nothing remotely disproportionate about removing from this unlawful business the proceeds which it has generated”.

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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.

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