Month: June 2018

29.06.18

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. Facts In July 2003, XKF…

28.06.18

Ticketmaster customer data leak could lead to GDPR claims

Ticketmaster has notified up to as many as 40,000 UK customers that their personal and payment information may have been accessed by an unknown third party.  It says that on 23 June 2018 it identified malicious software on a customer support product hosted by a third party supplier.  It is understood that the customers affected…

18.06.18

Court orders Facebook to disclose information behind deletion of deceased person’s Facebook account

In Sabados v Facebook Ireland Ltd (2018; unreported) His Honour Judge Parkes QC (sitting as a Judge of the High Court) ordered Facebook Ireland to disclose information pertaining to a request which it had received (and acted upon) to delete the account of a deceased person. Facebook Ireland Limited was, until recently, responsible for all…

Section 22 Confiscation Applications – What should I do?

It has become increasingly common for police and Crown prosecutors to look to re-open old satisfied confiscation orders in the hope of getting additional revenue. Resources are scarce and this procedure presents an opportunity to obtain some much needed income. Quite often the subject of such applications is the equity in a matrimonial home in…

16.06.18

Professional misconduct finding upheld against QC who used offensive remarks during appeal

A criminal silk has lost his appeal at the High Court against a finding by the Bar Tribunals and Adjudication Service (BTAS) of professional misconduct. The original disciplinary tribunal bought by the Bar Standards Board took place in May 2017 and found that Howard Godfrey QC, a member of 2 Bedford Row (1970 call, 1991…

Unnamed family members entitled to damages for Home Office immigration data leak

In The Secretary of State for the Home Department & Anor v TLU & Anor [2018] EWCA Civ 2217 the Court of Appeal, was asked to review one aspect of Mr Justice Mitting’s decision in TLT & Ors v The Secretary of State for the Home Department & Anor [2016] EWHC 2217 (QB). The first instance…

14.06.18

Confiscation Orders and Default Terms

The question of the jurisdiction of the Court of Appeal over the length of default terms attached to confiscation orders was the subject in issue in Graham Alan Mills [2018] EWCA 944. Maximum default terms are fixed by a table (relatively recently amended in the Serious Crime Act 2015) based on the value of the…

6.06.18

Mayuri Lakhani joins Brett Wilson LLP

Brett Wilson LLP is pleased to announce the arrival of Mayuri Lakhani who joined the firm on 4 June 2018. Mayuri joins Brett Wilson from City firm Bark & co. and brings with her expertise in a wide range of civil and criminal litigation matters.  Mayuri is one of only five lawyers ranked by the prestigious…

5.06.18

Claimants entitled to issue privacy proceedings in the Chancery Division

In the recent case of Mezvinsky & Anor v Associated Newspapers Ltd [2018] EWHC 1261 (CH) Chief Master Marsh had to decide whether there was a more appropriate division of the High Court in which a privacy claim should be brought. The defendant had published a series of articles on the Mail Online website which…

1.06.18

Judge on trial for alleged unauthorised access to case management system

A Crown Court Judge has appeared in the dock at Southwark Crown Court charged with an offence under the Computer Misuse Act 1990. Her Honour Judge Sandra Holt, appearing under the name of Karen Smith, pleaded not guilty to one count of using a computer to perform a function to secure access to a program…