1 February 2018
Legal Update: Revisiting trial in the absence of a defendant
Smith v Royal Society for the Prevention of Cruelty to Animals [2017] (Unreported)
25 January 2018
The High Court’s decision is (sometimes) final: the Court of Appeal confirms the decision of a coroner in relation to witnesses and the risk of harm caused by giving evidence
The husband and children of the school teacher, Ann Maguire, who was murdered by a pupil, William Cornick, in her classroom in April 2014 have been unsuccessful in their attempt to appeal against the decision of the High Court to dismiss their claim for judicial review of a decision of the Assistant District Coroner for West Yorkshire.
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.
24 January 2018
The £17 million Question - What will the ICO’s enforcement powers be under the GDPR, and how will they be used?
The General Data Protection Regulation (“GDPR”) coming into force in May 2018 empowers national supervisory authorities to issue fines of up to €20 million, or 4% of an organisation’s annual global turnover for certain data protection infringements. These figures have generated headlines and news stories around the globe, many of them misleading. The Information Commissioner, in her post of December last year, warned of ‘scaremongering because of misconceptions’. We seek to put the headline grabbing figures in context, by examining the range of administrative sanctions available to national supervisory authorities for dealing with infringements of GDPR and the criteria they will use when selecting them. In doing so we shed light on how organisations can prepare for, and react to, any data protection infringements to reduce the risk of a heavy fine.
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.