Privacy

20.08.19

New rules for media and communications claims

From 1 October 2019 new rules – in the form of a revised Part 53 of the Civil Procedure Rules, revised/new practice directions (PD 7A, 53A and 53B) and an all encompassing pre-action protocol – will apply to claims in England and Wales arising from media and communications disputes. The formal designation of a specialist…

7.08.19

Elisabeth Mason joins Brett Wilson LLP’s media law team

On 5 August 2019 Elisabeth Mason joined Brett Wilson LLP’s media law department. Elisabeth is a highly-regarded solicitor specialising in defamation, privacy, harassment and data protection law.  Elisabeth joins the firm from Penningtons Manches Cooper LLP and has been involved in recent high-profile cases including Zahir Monir v Steve Wood [2018] EWHC 3525 (QB). Elisabeth’s…

2.08.19

Court refuses routine NPO disclosure application due to lack of “genuine intention”

In Mircom International and Golden Eye International v Virgin Media and Persons Unknown [2019] EWHC 1827 (Ch) the High Court declined to order Virgin Media to hand over the IP addresses of persons who had allegedly downloaded and shared pornographic films in breach of copyright. The internet and broadband provider resisted the application of Mircom and…

28.06.19

Lexis Nexis interview: Law surrounding non-consensual intimate images to be reviewed

Brett Wilson LLP partner Iain Wilson and other lawyers are interviewed about the Law Commission’s upcoming review.   The Ministry of Justice has asked the Law Commission to review laws around the making and sharing of non-consensual intimate images in an effort to ensure that ‘protections keep pace with emerging technology’. The review intends to…

14.06.19

Lexis Nexis interview: Using the GDPR in a privacy claim

Information Law analysis: Iain Wilson, managing partner at Brett Wilson LLP, comments on the utility of the GDPR in privacy cases in light of the recent case brought by the Duke of Sussex, which was settled out of court. How can someone use the GDPR to battle an invasion of privacy? Where private information is…

24.05.19

Iain Wilson writes in the Daily Mail about the abuse of parliamentary privilege

The Daily Mail has published an article by Brett Wilson LLP partner Iain Wilson about the growing trend of parliamentary privilege being used to circumvent court orders and make statements that would otherwise be considered defamatory.  The article can be found here.

16.05.19

Paparazzi agencies pay damages to Duke of Sussex for privacy invasion

Splash News and Picture Agency Limited and Splash News & Picture Agency LLC (‘Splash’) have apologised and agreed to pay substantial damages to the Duke of Sussex after using a helicopter to take photographs of his home in the Cotswolds. In January of this year Splash chartered a helicopter which flow over the Duke’s home…

15.05.19

Police request access to complainants’ data: A form in a teacup?

A new standard police form requesting agreement to access complainants’ phone data has caused controversy. The not-very-snappily-titled ‘NPCC Final Consent v-1-2’ form is designed to achieve a consistent system for accessing the electronic devices of victims and witnesses. A copy is available here. This can only be done with that person’s consent. As such, the…

Supreme Court grants permission to appeal in mass data breach case

The Supreme Court has granted the defendant supermarket chain permission to appeal the Court of Appeal’s decision in WM Morrison Supermarkets Plc v Various Claimants [2018] EWCA Civ 2339. The appeal will consider the principle of vicarious liability in respect of statutory data protection claims and common law misuse of private information claims. The claim…

13.05.19

Is it time to stop talking about gagging clauses?

The Solicitors Regulation Authority (SRA) has announced it has referred a solicitor from magic circle firm Allen & Overy to the Solicitors Disciplinary Tribunal over drawing-up a Non-Disclosure Agreement (NDA) on behalf of film Producer Harvey Weinstein.  It is understood the agreement, in essence, paid Mr Weinstein’s former assistant Zelda Perkins a large sum in…