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Civil way: 1 November 2019

31 October 2019
Issue: 7862 / Categories: Features , Procedure & practice , Civil way
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No dancing in the dark; whistleblowing ears; powers of attorney fail test; costs management escape.

Claimants to show all

We recently met the tribunal claimant who was desperate to maintain his anonymity (see ‘Civil way’, NLJ 4 October 2019 p24). This time, with your leave, we shall introduce you to AAA and eight other QBD claimants with similar cyphers who lap-dance at Spearmint Rhino venues and who have brought proceedings for misuse of private information and data protection breach. Anonymity is what they were after but not an order that would prohibit their real names being published or from being identified as claimants in the proceedings. That led to Nicklin J struggling to see the point of the relief being sought in AAA and others v Rakoff and others [2019] EWHC 2525 (QB), [2019] All ER (D) 01 (Oct) where, absent an appeal, the title is set to expand. Anonymity was declined.

The case is instructive on keeping the red tops at bay. A claim form must contain the claimant’s full name

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NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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