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31 July 2015
Issue: 7663 / Categories: Case law , Law digest , In Court
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Data protection

R (on the application of Davis MP and others) v Secretary of State for the Home Department (Open Rights Group and others intervening) [2015] EWHC 2092 (Admin), [2015] All ER (D) 180 (Jul)

The Divisional Court, in allowing the claimants’ application for judicial review, declared that s 1 of the Data Retention and Investigatory Powers Act 2014 was incompatible with the requirements of European Union law insofar as it: (i) did not lay down clear and precise rules on access to, and use of, retained communications data to be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions; and (ii) access to the data was not made dependent on a prior review by a court or an independent administrative body.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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