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16.09.18

Clarity on Legal Professional Privilege from the Court of Appeal

In The Director of The Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 the Court of Appeal was asked to determine whether certain documents created during the course of an internal company investigation were subject to legal professional privilege. In April 2013, the Serious Fraud Office (‘SFO’) commenced a criminal…

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…

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…

19.01.18

Further terrorism offences added to Unduly Lenient Sentencing Scheme

A further nine terrorism related offences have been added to the Unduly Lenient Sentencing (ULS) scheme in addition to the 19 like offences which were added in July 2016. Since 1988 law officers have been able to apply to the Court of Appeal for leave to review any sentence which has been passed in the…

The decision to release John Worboys raises more questions than answers

In April 2009, taxi driver John Worboys was sentenced for 19 offences committed against 12 victims, all of whom were female customers in his black cab between 2003 and 2007. His victims were typically given laced drinks whilst in the back of his taxi in order to incapacitate them. The offences comprised one rape, five…

15.12.17

Forensic lab potential data manipulation casts doubt on thousands of criminal cases

Over 10,000 criminal cases are due to be reviewed by Police following an alleged manipulation of forensic data at Randox Testing, a laboratory in Manchester responsible for analysing evidence of drug driving, sexual offences and violent crimes. The Forensic Service Regulator and the Police were first notified of a potential issue arising from the test…

18.07.16

Appeal in Google v Vidal-Hall withdrawn

Google has withdrawn its appeal to the Supreme Court in  Vidal-Hall v Google Inc [2015] EWCA Civ 311.  Therefore the landmark Court of Appeal decision, discussed here on this blog, that damages can be awarded under the Data Protection Act 1998 for distress and anxiety, even if no financial loss suffered, will stand as good law. Google had been seeking…

6.11.15

Revenge Porn blackmail suspended sentence held too lenient by Court of Appeal

In Attorney General’s Reference (No.84 of 2015) sub nom R v Jamie Gabriel (2015) the Court of Appeal considered the appropriateness of a two-year prison sentence, suspended for 18 months, imposed for blackmail. The Defendant Mr Gabriel had commenced an online relationship with the married victim, where they had shared intimate pictures, ultimately culminating in their meeting…

11.06.15

Regulatory proceedings: a cautionary tale

Professional people facing regulatory or disciplinary proceedings brought by their regulatory bodies ought to take some time to read the judgment in Held v General Dental Council [2015] EWHC 669. It very clearly demonstrates the need to ensure engagement in the process and attendance at any final hearing. Mr Held was a dentist facing allegations…

20.05.15

Local Authority confiscation order quashed

The judgment of Pitchford LJ in the conjoined appeals of R v McDowell & Singh [2015] EWCA 173 is a must read for criminal lawyers and particularly those regularly engaged in confiscation proceedings. The judgment is of particular interest for its examination of the authorities on ‘lifting the corporate veil’ though ultimately neither appeal was…