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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
The recent decision in Farhia Ali v Crown Court at Kingston [2017] EWHC 2706 (Admin) provides a reminder of the narrow availability of judicial review in relation to decisions of the Crown Court. In Farhia, a decision to refuse bail following the jury’s verdict was found not to be capable of being judicially reviewed as it was not within the supervisory jurisdiction of the High Court.
In the recent case of R (Monarch Airlines Limited (in administration)) v Airport Coordination Limited [2017] EWCA Civ 1892, the Court of Appeal considered whether an airline that had fallen into administration could still be allocated valuable slots at airports.
The acquisition from organisations of large databases of personal data by external parties (usually hackers) is an increasingly modern phenomenon – think Ashley Madison, PlayStation, TalkTalk. Less common, and perhaps of greater concern for employers, is the ‘inside job’ where a trusted employee is responsible for a major breach of data security. The High Court case of Various Claimants v Wm Morrisons Supermarket PLC [2017] EWHC 3113 (QB) has shown that a data controller can be held vicariously liable for the misuse of date by one of its employees even where it has done everything it reasonably can do to prevent such a breach.
The recent decision of Mr Justice Holroyde in R oao Donald Maguire and ors v The Assistant Coroner for West Yorkshire (Eastern Area) [2017] EWHC 2039 provides a salutary reminder of just how difficult it is successfully to judicially review the ‘case management’ decisions of a coroner – in this case a decision as to which witnesses to call at an inquest – and of the costs risks of bringing such a challenge.
R (on the application of ClientEarth) v Secretary of State for Environment, Food and Rural Affairs [2017] EWHC B12 (Admin)
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