Month: July 2018

28.07.18

The new test for dishonesty: the impact of Ivey v Genting Casinos

Last year’s Supreme Court judgment in Ivey v Genting Casinos [2017] UKSC 67, a civil claim, shocked many criminal law practitioners as it formulated a new test for determining the element of ‘dishonesty’ for use in both civil and criminal Proceedings. Prior to Ivey the case of R v Ghosh [1982] EWCA Crim 2 had been widely recognised by…

The Sun pays damages to estate of revenge porn victim

News Group Newspapers Ltd (‘NGN’), the publishers of The Sun newspaper, have paid a five-figure sum in damages to the estate of a victim of revenge porn. Susanne Hinte had 15 minutes of fame in 2016 following Camelot’s rejection of her £33m jackpot claim on the basis that she submitted a heavily damaged ticket, which…

18.07.18

Independent Inquiry into Childhood Sexual Abuse fined £200,000 for email data leak

The Information Commissioner’s Office (the ICO) has fined the Independent Inquiry into Childhood Sexual Abuse (IICSA) £200,000 following a data leak on 27 February 2018.  The leak occurred  when a member of staff sent a ’round-robin’ email, but mistakenly used the ‘to’ field instead of the ‘bcc’ field, inadvertently disclosing the email addresses of 90 individuals…

17.07.18

Lexis Nexis Interview: UK data protection watchdog intends to impose maximum fine on Facebook

The information Commissioner’s Office (ICO) has published two reports detailing its investigation into the use of data analytics in political campaigns. The first report includes proposals to fine Facebook £500,000—the maximum allowed—for two alleged breaches of the Data Protection Act 1998 (DPA 1998), while the other includes a recommendation for the government to introduce a statutory Code of Practice…

16.07.18

Sentencing Guidelines introduced for ‘revenge porn’ and other intimidatory offences

The Sentencing Council has published definitive guidelines for intimidatory offences covering harassment, stalking, disclosing private sexual images (‘revenge porn’), controlling or coercive behaviour and threats to kill. Until the publication of these guidelines limited assistance was available for the sentencing court.  This is the first time any guidance has been given for stalking, revenge porn…

12.07.18

Unexplained Wealth Orders: A new power for law enforcement agencies

The Criminal Finances Act 2017, which came into force early this year, gives enforcement authorities such as the National Crime Agency (‘NCA’), Revenue and Customs (‘HMRC’), the Financial Conduct Authority (‘FCA’) and the Serious Fraud Office (‘SFO’) new powers which are designed to help law enforcement act on suspected corrupt assets. Section 1 of the Criminal…

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11.07.18

Facebook faces record £500,000 fine for Cambridge Analytica data breaches

The Information Commissioner’s Office (‘the ICO’) has published a progress report on its investigation into the “invisible processing” of individuals’ personal data and the “micro-targeting” of political adverts during the EU referendum campaign.  The investigation is principally concerned with the Facebook-Cambridge Analytica scandal in which third party developers used apps (for example, a personality test) to…

5.07.18

Court of Appeal holds grant of permission to appeal is invalid

The recent judgment of the Court of Appeal in the case of Zipporah Lisle-Mainwaring v Associated Newspapers Limited [2018] EWCA Civ 1470 provides an overview of how, and crucially when, permission to appeal should be sought at first instance. The subject matter of this case will be familiar to media law practitioners.  In 2015, the…

3.07.18

Prosecution dismissed against judge who accessed Digital Case System

A prosecution under the Computer Misuse Act 1990 against Her Honour Judge Karen Holt has been dismissed by Mr Justice William Davis, sitting at Southwark Crown Court, who ruled there was no case to answer. The trial had been listed for 9 July 2018 and will not now proceed. HHJ Holt, charged under her married…