Month: February 2018

16.02.18

Data Breach : Compensation claims for mass data breaches

In January 2014, Andrew Skelton, an apparently disgruntled employee of Morrisons Supermarket posted a file containing the personal data (including salaries, bank details, and National Insurance numbers) of 99,998 Morrisons’ employees on a file-sharing website.  It seems his intention was to cause mass-scale damage to the supermarket.  In March 2014, a CD containing the data…

13.02.18

Disclosure failings: under-funded, under-trained and unfair

A fair disclosure process is the heart of a healthy criminal justice system.  The police and prosecutors (who, whilst responsible for investigating and prosecuting, should of course be impartial and open-minded) are entrusted with reviewing evidence in a case and – where it may assist a defendant or undermine the prosecution’s case – disclosing its…

‘Zombie’ solicitor allowed to remain in profession despite finding of dishonesty

A Solicitor who had received the “South West Young Dealmaker of the Year” award in 2014 has been allowed to remain in practice despite the Solicitors Disciplinary Tribunal (SDT) finding that he had acted dishonestly. Misleading emails Peter Naylor, aged 31 at the time of the misconduct which occurred between March and August 2014, was…

Streamlined sentencing code proposed

In July 2017, the Law Commission published a draft Sentencing Code for public consultation.  The consultation period ended on 26 January 2018 and the findings are currently awaited. The main criticisms, and in turn the driving factors for the new Code, are that the current laws lack ‘coherence and clarity’.  The Law Commission state that…

Iain Wilson interviewed by the Guardian on the use of spyware

Brett Wilson LLP partner Iain Wilson took part in an interview about the increasing use of spyware in stalking/harassment cases and it legal ramifications.  The interview can be found here.

9.02.18

Criminal Law : Doctor struck off and convicted of manslaughter – professional errors made under pressure.

In December 2015, Dr Hadiza Bawa-Garba, an Accident & Emergency doctor, was found guilty at Nottingham Crown Court of gross negligence manslaughter of six-year-old Jack Adcock, who had been admitted to the Leicester Royal Infirmary in February 2011. Jack had a known heart condition and had been admitted with vomiting and diarrheaoa. During his admission…

6.02.18

Law relating to social media to be reviewed

The Prime Minister has indicated that the Law Commission will review legislation “to ensure that the criminal law, which was drafted long before the creation of social media platforms, is appropriate to meet the challenges posed by this new technology”. A new “social media code of practice”, providing guidelines for content and conduct and how companies report…