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17 April 2015
Issue: 7648 / Categories: Case law , Law digest , In Court
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Data protection

Vidal-Hall and others v Google Inc (The Information Commissioner intervening) [2015] EWCA Civ 311, [2015] All ER (D) 307 (Mar)

Google had sought to set aside the permission that had been granted to the claimants to serve their claim form out of the jurisdiction in their action which alleged misuse of private information, breach of confidence and breach of the Data Protection Act 1998 (DPA 1998). The action for breach of confidence was set aside. The Court of Appeal, Civil Division, dismissed Google’s appeal as the pleaded actions were clearly arguable and not pointless. The court held that misuse of private information should be recognised as a tort for the purposes of service out of the jurisdiction and that, in order to make s 13(2) of DPA 1998 compatible with EU law, that section had to be disapplied, with the consequence that compensation would be recoverable under s 13(1) for any damage suffered as a result of a contravention by a data controller of the requirements of DPA 1998.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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