header-logo header-logo

09 February 2022
Issue: 7966 / Categories: Legal News , Brexit , Constitutional law
printer mail-detail

No-show from Brexit campaigners

Brexit campaign company Leave.EU has lost its appeal against a ruling that it breached data protection laws after failing to turn up to court

Brexit campaign company Leave.EU has lost its appeal against a ruling that it breached data protection laws after failing to turn up to court

Leave.EU left Sir Geoffrey Vos, Master of the Rolls, Lord Justice Lewison, Lady Justice Asplin and respondent, the Information Commissioner and counsel waiting in vain in court 71 at the Royal Courts of Justice last week.

Sir Geoffrey noted that substantive grounds and a skeleton argument had been filed by Leave.EU’s solicitors Kingsley Napley, who had, on its application, come off the record as acting for the company on 26 January. On 31 January, the court attempted to contact Jacobus Coetzee, who is registered at Companies House as sole director, but with no response. Consequently, the usher called Leave.EU outside court at the start of the hearing on 1 February with no response, and the court adjourned at 11am for nearly half an hour.

The court sat again this week to decide what it should do when a corporate appellant fails to appear.

Counsel for the Information Commissioner Christopher Knight submitted the court should either dismiss the appeal or proceed on the basis of the skeleton argument and with only Knight’s oral arguments.

Dismissing the appeal, Leave.EU v Information Commissioner [2022] EWCA Civ 109, Sir Geoffrey, Lewison LJ and Asplin LJ decided it would not be ‘just or appropriate to hear the substantive appeal in the absence of Leave.EU’. Sir Geoffrey said both sides should be heard ‘when important legal issues are in play which may affect many others in society’, as well as noting the time of the court ‘is at a premium’ and ‘there must be finality in litigation’.

Leave.EU was appealing a ruling that it breached data protection legislation when it sent 21 email newsletters to 51,000 supporters of Leave.EU containing unsolicited marketing material for Eldon Insurance Services (a business then owned by Leave.EU owner Aaron Banks).

Issue: 7966 / Categories: Legal News , Brexit , Constitutional law
printer mail-details

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll