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11 August 2011 / Tom Morrison
Issue: 7478 / Categories: Features , Data protection
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Private eye

Tom Morrison returns with his quarterly review of the world of information law

I mentioned in my first column that one of the consequences of a public authority complying with a request for information under the Freedom of Information Act 2000 (FIA 2000) can be that the media acquires some embarrassing information (NLJ, 20 May 2011, p 698). In the months that have followed it has been certain media outlets themselves that have suffered the consequences of disclosure as new revelations concerning inappropriate use of private investigators have come to light. Whilst some of the recent detail is disturbing, the fact of newspapers using private investigators to uncover information is not new. Neither is the fact that some of the methods used by those private investigators have been questionable at best.

Operation Motorman

Following an investigation code-named Operation Motorman the then information commissioner, Richard Thomas, highlighted the issues in his 2006 reports to Parliament What Price Privacy and What Price Privacy Now?. One of his aims was to expose the illicit trade in personal

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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