Tag Archives: police

An expectation of privacy in a spent conviction? XKF provides some practical guidance

In the case of XKF v BBC [2018] EWHC 1560 (QB), Mrs Justice Elisabeth Laing granted a privacy injunction to a former police officer, anonymised in these proceedings as XKF, to prevent the BBC from broadcasting film footage of him recorded at or near his home on 13 March 2018.

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Claims farmer fined for blagging personalised number plate information from DVLA

Miles Savory, the director of Accident Claims Handlers Ltd, has been convicted of breaching the Data Protection Act 1998 following a prosecution brought by the Information Commissioner’s Office (‘ICO’) for unlawfully obtaining the name and address of the owner of personalised number plates that he was seeking to purchase.

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Norwich Pharmacal Order against police refused

In the case of The Right Honourable The Countess of Caledon v The Commissioner of Police for the Metropolis and another [2016] EWHC 2214 (QB), the Applicant, the Rt Hon the Countess of Caledon, failed to satisfy both stages of the test to obtain a Norwich Pharmacal Order (‘NPO’) against the Commissioner of Police for the Metropolis (the ‘MPS’) for disclosure of information.

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Sir Cliff Richard investigation highlights issues with pre-charge bail

Sir Cliff Richard is one of many famous faces to have been investigated for allegations of historic sex abuse, with the police and the Crown Prosecution Service ultimately taking no further action.  Although Sir Cliff was never arrested or charged, his ordeal brings into question tactics that are being deployed by police and the necessity for reform regarding lengthy investigations and evidential review.

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Stalking and harassment: why aren’t we doing enough to stop it?

Following reports about the seven year ordeal suffered by Lily Allen, stalking is back in the mainstream media.  Most people will be familiar with the term ‘stalking’.  Unfortunately, familiarity can breed contempt: many people, including, significantly, many Police Officers, still either fundamentally misunderstand what stalking is, or fail to appreciate how serious a problem it presents for our society.  As a result, many victims receive poor advice and little, if any, protection.

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Culture Secretary calls for overhaul of online abuse law

Maria Miller, the Culture Secretary, and Senior Labour MP Yvette Cooper have both called for a review of the law governing online harassment, stalking and abuse to prevent inconsistent enforcement and to encourage those affected to report the crime.

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False complaints to the Police: the witness immunity rule

In Crawford v Jenkins [2014] EWCA Civ 1035, the Claimant had sued the Defendant in false imprisonment and harassment on the basis of allegedly malicious statements made to the Police which had resulted in his arrest and detention.  The course of conduct said to amount to harassment consisted of two text messages sent to him by the Defendant which complained of his actions, and the Defendant’s subsequent statements to the Police.  At first instance, Her Honour Judge Baucher ruled that the Defendant was immune from suit (both in false imprisonment and harassment) owing to the ‘witness immunity’ rule in Westcott v Westcott [2008] EWCA Civ 818.  Having disregarded the statements to the Police, the Judge struck out the remainder of the harassment claim (the two text messages) on the basis that the conduct was reasonable.  The Claimant appealed.

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High Court refuses to strike out libel claim arising from mailshot

In the case of (1) Mama Group Ltd (2) Lovebox Festivals Ltd v (1) Daniel sinclair (2) Alexandra Joseph [2013] EWHC 2374, the applicants request for a libel claim to be stuck out as an ‘abuse of process’ was refused.

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Court of Appeal stresses need for specific justification where there is interference with Article 8 rights

In R (on the application of Catt) and (1) Association of Chief Police Officers (2) Commissioner of Police of the Metropolis; R (on the application of T) and Commissioner of Police for the Metropolis [2013] EWCA Civ 192, the Court of Appeal considered two cases concerning the retention of personal data by the police.

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False complaints to the police do not amount to defamation

Following on from last months article Defamation and the employers reference: a warning to claimants, we now look at another common scenario which can give rise to misconceived defamation claims “ the complaint to the police.

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