5 March 2018
Data protection: A new board room priority
Emily Carter considers the impact and implications of new data protection regime for company directors.
27 February 2018
Ordinarily hard to challenge ombudsman’s decision-making marred by illegality, irrationality, procedural unfairness and pre-determination
In Miller & Another v Health Service Commissioner for England [2018] EWCA Civ 144 the Court of Appeal quashed both the ombudsman’s decision to investigate and the conclusions of that investigation. The court found that multiple forms of unlawfulness were compounded by a variety of poor adjudicative practices.
20 February 2018
GDPR & Brexit: Data transfers from the EU and the UK’s new status as a “third country”
The GDPR is coming into force on 25 May 2018. The UK is leaving the EU at 11pm on 29 March 2019. No doubt these dates are engraved into the minds of most business owners. But while these deadlines are enough on their own to leave you with plenty to worry about, it is also important to consider the interplay between the two – that is to say, what will Brexit mean in terms of the GDPR?
5 February 2018
Has Brexit undermined the UK’s ability to extradite its fugitives?
Whilst the uncertainty over Brexit and the painfully slow progress of political talks continues, the Supreme Court of Ireland has taken matters into its own hands and decided that the Irish state cannot surrender an individual who is the subject of an European Arrest Warrant (EAW) to the UK because of the risk that his rights as an EU citizen will not be enforceable in the UK post-Brexit. This has raised concerns that other countries could follow suit and leave the UK unable to rely on the EAW system whilst the terms of Brexit are being agreed.
1 February 2018
Judicial Review and the Creep of Closed Material Procedures - R (on the application of Haralambous) v Crown Court at St Albans and another
Closed material procedures, which allow one party (usually the state) to produce evidence which their opponents are not permitted to see, have been the subject of sustained criticism since their inception. Their availability in judicial review proceedings was previously very limited; the withholding of evidence from a party was permitted in a few narrow scenarios to protect the rights of children. The Supreme Court in R (on the application of Haralambous) v Crown Court at St Albans and another has however expanded the opportunities to use such procedures in judicial review and, controversially, this expansion has not been expressly legislated for by Parliament.
