Case Law: R (P) v Home Secretary, The right to put your past behind you and Article 8 – David Hart QC

17 05 2017

In the case of R (o.t.a P & others) v. Secretary of State for Home Department & others ([2017] EWCA Civ 321)  the Court of Appeal upheld challenges to the system of the police retaining information about past misconduct. It held that the system, even after a re-boot in 2013 in response to an earlier successful challenge, remains non-compliant with Article 8Read the rest of this entry »

Case Law: Dr DB v General Medial Council, Privacy of a doctor under GMC investigation clashes with that of his patient – David Hart QC

3 10 2016

privacy-policy-fullThe case of Dr DB v. General Medical Council [2016] EWHC 2331 (QB), was an interesting three-way privacy fight between a GP, a patient who had complained about his treatment by the GP, and the GMC who had investigated that complaint. Read the rest of this entry »

Case Law: C (A Child), Court of Appeal orders release of court judgment on Ellie Butler’s death – David Hart QC

12 08 2016

benbutler2106aThe case of C (A Child)  ([2016] EWCA Civ 798) is is the most recent in the long series of legal steps touching on the violent career of Ben Butler, recently convicted of the murder of his daughter, Ellie. Read the rest of this entry »

Case Law: Gulati v MGN, Phone hacking, massive privacy damages – David Hart QC

28 05 2015

83144843_hackingcompFor some years in the early and mid 2000s, a routine form of news-gathering in the Mirror Group was phone hacking – listening to voicemails left for celebrities by their friends, and then dishing up revelations in their papers.  And this judgment amounts to a comprehensive pay-back time for the years of distress and upset sustained by those celebrities, as the ins and outs of their private lives were played out for the Mirror Group’s profit. The damages awarded well exceeded those previously payable, as justified in the tour de force of a judgment by Mann J in Gulati v MGN ([2015] EWHC 1482 (Ch)).  Read the rest of this entry »

Case Law: Department of Health v. Information Commissioner, Why we should see Andrew Lansley’s diary in the run up to 2011 NHS reforms – David Hart QC

16 04 2015

Andrew LansleyOn 30 March 2015, the Upper Tribunal gave judgment in the case of Department of Health v. Information Commissioner et al [2015] UKUT 159. Simon Lewis had requested that the Department of Health supply him with copies of the ministerial diary of Andrew Lansley from May 2010 until April 2011, via a Freedom of Information request. Read the rest of this entry »

Case Law: JX MX v. Dartford & Gravesham NHS Trust, Court of Appeal supports anonymity orders in personal injury approval hearings – David Hart QC

21 02 2015

baby-birth-injuryFor some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement.   Read the rest of this entry »

Case Law: R (Evans) v Attorney-General: We can’t see Prince Charles’ advocacy letters after all – David Hart QC

11 07 2013

Prince CharlesR (o.t.a Rob Evans) v. Attorney-General, Information Commissioner Interested Party, [2013] EWHC 1960 (Admin).  As we all know, the Prince of Wales has his own opinions. And he has shared those opinions with various government departments. Our claimant, a Guardian journalist, thought it would be interesting and important for the rest of us to see those opinions. So he made a request under the Freedom of Information Act and the Environmental Information Regulations to see these documents. Read the rest of this entry »