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)
24 April 2017
When can the High Court quash a police force’s crime-recording decision?
That in summary was the question for the High Court in R (on the application of Pitts) v Commissioner of Police for the Metropolis [2017] EWHC 646 (Admin) (see here for the judgment). The Court held that a decision by a police force to record a crime could only be successfully challenged if it was shown to be (in public law terms) unreasonable or irrational. This is a significant threshold to cross. The court will ordinarily afford the relevant police force deference in its decision-making processes in such matters. Claimants should note this and would be advised to proceed cautiously before bringing claims for judicial review against a police force in respect of crime-recording decisions.
12 April 2017
Further chinks in the armour? EU-US Privacy Shield and the concerns of MEPs
In a resolution adopted on 6 April 2017, Members of the European Parliament (“MEPs”) expressed their “alarm” over several recent changes to the US privacy law regime. The resolution, passed by 306 votes to 240 with 40 abstentions, comes amidst growing concerns that President Trump and the US Congress are withdrawing from commitments made by the Obama administration in relation to US obligations under the EU-US Privacy Shield.