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Month: September 2019


27.09.19

Brett Wilson LLP’s departments and lawyers ranked as leaders in their fields in the Legal 500

Brett Wilson LLP has been ranked in three categories in the prestigious Legal 500 directory of leading law firms:- Reputation Management Professional Discipline Crime (General) In addition, media law partners Iain Wilson (described as an ‘innovator’) and Max Campbell (‘thoughtful, high-quality lawyer’) and solicitors Tom Double and Elisabeth Mason have been individually recognised by the directory….

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25.09.19

ECJ confirms territorial limitations of ‘the right to be forgotten’

On 24 September 2019, whilst the country was focused on the United Kingdom Supreme Court as it ruled that the prorogation of the UK parliament was unlawful, the Court of Justice of the European Union (CJEU or ECJ), handed down judgment in Google LLC, successor in law to Google Inc. v Commission nationale de l’informatique…

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23.09.19

Gender Identity Clinic faces privacy claims following ‘bcc’ data leak

The Tavistock and Portman NHS Foundation Trust has admitted accidentally sending an email containing the email addresses of nearly 2,000 patients receiving treatment at its Fulham Palace Road Gender Identity Clinic.  The email in question, sent on 6 September 2019, concerned an art competition, but was inadvertently “cc-ed” (open copied) to recipients, rather than “bcc-ed…

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19.09.19

Publishing hyperlinks: can you be liable for linking to defamatory content?  

In a detailed judgment in the case of Caine v Advertiser And Times Ltd & Ors [2019] EWHC 2278 (QB), Richard Spearman QC, sitting as a Deputy Judge of the Queen’s Bench Division, was asked to consider, amongst other things, whether the Second and Third Defendants were liable as publishers of defamatory content found on the First Defendant’s Facebook page because they had provided hyperlinks…

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Man who committed sexual assault whilst sleepwalking is found not guilty by reason of insanity

After a night of drinking with friends in August 2019, Dale Kelly slept in the spare room of his friend’s house.  Kelly’s friend was sleeping with his girlfriend, the victim, in the next room, when Kelly wandered in during the night and allegedly touched her intimately.  Apparently waking up confused as to why he was…

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18.09.19

Ben Stokes, The Sun and Gareth Thomas: muckraking journalism with no regard for private lives

The ‘silly season’ is supposed to be over and the most important constitutional case for many years is currently before the Supreme Court, but these matters did not stop The Sun from publishing on 17 September 2019 a grossly sensationalist and intrusive article about Ben Stokes, the England cricketer, and his family, on its front…

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12.09.19

A Guide to Disciplinary and Regulatory Proceedings

This guide is intended to assist professional persons by providing an overview of how disciplinary proceedings usually work. It is designed to provide simple outline but all professional regulators operate under their own regulatory code and their powers are derived from statute unique to the particular profession. For example, the Solicitors Regulation Authority derives its…

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10.09.19

Search and Seizure Powers under Proceeds of Crime Act 2002

Powers of search and seizure were inserted into the Proceeds of Crime Act 2002 by the Policing and Crime Act 2009 although they did not come into force until relatively recently. These provisions (sections 47A to 47S) provide for the search, seizure and detention of property where certain conditions are fulfilled. The provisions were recently…

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3.09.19

The importance of lawyers’ professionalism and sensitivity on social media

It is a peculiar quirk of the criminal defence industry, that there has always been a sizeable minority of lawyers who have felt the need to sing their every success from the rooftops.  Of course, there is nothing inherently wrong with highlighting a law firm’s high-profile successes.  It is good marketing and helps prospective clients…

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Bitcoin seized as ‘realisable assets’ in confiscation proceedings

A convicted computer hacker has been ordered to pay back over £900,000 of Bitcoin under a Confiscation Order. Grant West, 27, was arrested in September 2017 following a lengthy police investigation, codename ‘Operation Draba’ unearthing the activities of West on the dark web using the alias ‘Courvoisier’.  West used phishing emails to carry out cyber-attacks…

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Legal Disclaimer

Articles are intended as an introduction to the topic and do not constitute legal advice.