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Legal Updates

Legal and case updates from specialist public law solicitors.

24 January 2018

Legal Update: Judicial review of decisions in the Crown Court

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. 

12 January 2018

Legal update: Administrators’ efforts to realise Monarch’s assets boosted by judicial review victory

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. 

13 December 2017

When is a data controller liable for the criminal acts of a rogue employee?

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.

29 August 2017

The Coroner’s decision is (almost always) final: the Court’s approach to judicial review of inquest proceedings

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.

22 May 2017

Legal update: court is left unconvinced by ‘Purdah’ argument in judicial review proceedings

R (on the application of ClientEarth) v Secretary of State for Environment, Food and Rural Affairs [2017] EWHC B12 (Admin)

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