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Publication of enforcement action: only after Warning Notice but still a bad idea

25 February 2011

On Thursday morning last week, I caused a stir with my reaction to the leaked news (in an FT interview) about the new FCA's planned approach to publication of enforcement cases.

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Blog

The Article 8 rights of sex offenders

24 February 2011

A recent decision of the Supreme Court has unleashed a populist wave directed at the European Court of Human Rights and European judges generally.

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Blog

A slightly happier ending for non-deliberate market abuser

23 February 2011

I wrote on 2 February about David Massey and his partial success before the Tribunal.

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Blog

Forced sterilisation case heard in public

Published on 22 February 2011. By Clare Jaycock, Director of Risk & Compliance

On 15 February 2011 Hedley J ordered that a case proceeding in the Court of Protection which featured medical information of the highest sensitivity should be held in open court.

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Blog

Max Mosley and the public interest in exposing hypocrisy

Published on 22 February 2011. By Keith Mathieson, Partner

In an interesting interview with the Financial Times, the UK's most indomitable privacy claimant, Max Mosley, challenges the notion that there might be a public interest in exposing hypocrisy.

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Blog

Section 404 and the single firm

21 February 2011

When the FSA decided against turning the endowments and PPI mis-selling problems into formal s.404 reviews (akin to the Pensions Review), it was assumed s.404 would remain in the regulatory tool-box; an idle threat that the FSA would struggle to put into action.

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Blog

Lloyds Bank's £500m problem is the first 'single firm consumer redress scheme'

21 February 2011

Lloyds Bank announced today that it has agreed an estimated £500m 'customer review and contact programme' relating to potentially confusing information about the Halifax standard variable mortgage rate between 2004 and 2007.

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Blog

FSA does its little bit to help the Middle East

18 February 2011

Political instability in any country can result in sudden cash or asset movements out of the jurisdiction.

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Blog

FSA avoids April Fool!

17 February 2011

The FSA has announced that it will begin the process of reorganisation to create a new prudential business unit and consumer and markets business unit on 4 April.

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Blog

Meteor hit by arbitrary FOS decision

15 February 2011

The industry press has reported that Meteor Asset Management had a complaint upheld by FOS about advice on Lehmans structured products because they apparently failed to disclose the downgrade in credit rating (to below Standard & Poor’s A+ grade) and, consequently, the advice was unsuitable thereafter.

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Blog

A victory for financial services firms who play by the rules

11 February 2011

In the recent case of Michael Duthie Wilson, PS Trustees Ltd v MF Global UK Limited, GNI Limited (In Members' Voluntary Liquidation) [2011] EWHC 138 (QB) it was held that financial investment brokers had complied with the COB rules when the Claimants as 'intermediate customers' and were not liable for trading losses suffered by them.

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Blog

No privacy in Tweets

Published on 10 February 2011. By Keith Mathieson, Partner

Publicly accessible postings on Twitter and other social media are not private, according to rulings by the Press Complaints Commission.

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Blog

ICO fines councils for losing laptops

10 February 2011

On 8 February 2011 the Information Commissioner’s Office (“ICO”) issued two monetary penalty notices for serious breaches of the Data Protection Act.

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Blog

Extended warranty cover plans in breach of s.19 FSMA

09 February 2011

The FSA's recent action in Re Digital Satellite Warranty Cover Ltd to wind up companies with 'public interest' petitions for carrying on insurance business without FSA authorisation, in breach of the general prohibition in s.19 FSMA, demonstrates its willingness to take robust action to tackle those who attack the perimeter by engaging in regulated activities without authorisation.

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Blog

Supreme Court welcomes Twitter

08 February 2011

The use of Twitter is now officially sanctioned in the Supreme Court.

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Blog

An innocent crime? FSA's fine for market abuse halved by Upper Tribunal

02 February 2011

The Upper Tribunal has ruled that the FSA was too harsh when fining a former banker for market abuse.

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Blog

Shock decision: sportsman not unmasked

Published on 01 February 2011. By Keith Mathieson, Partner

The identity of the sportsman officially known as JIH remains confidential.

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Blog

Anonymity proposed for teachers accused by pupils

31 January 2011

The controversial Education Bill was published on 26 January 2011.

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Blog

The FSA sets new standards of professionalism

31 January 2011

The FSA's Policy Statement on professionalism (part of the RDR) was published on 20 January 2011.

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Blog

Blanket reporting restriction set aside by Court of Appeal

Published on 31 January 2011.

The Court of Appeal has discharged an order the effect of which would have been to postpone the reporting of an important criminal case for several months.

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Blog

Legal Ombudsman swamped by complaints against claims management companies (CMCs)

Published on 27 January 2011. By Graham Reid, Legal Director, Professional Regulation

The Legal Ombudsman, which launched in October 2010 under rules similar to the FOS' DISP regime, recently reported to a professional negligence conference that some 20,000 enquiries were received in its first few months.

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Blog

Phone-hacking claims - a new legal pursuit

Published on 26 January 2011. By Keith Mathieson, Partner

The pack of lawyers representing the alleged victims of phone hacking by the News of the World seems to grow on an almost weekly basis.

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Blog

CASS pain for BarCap

26 January 2011

The FSA has fined Barclays Capital for client money breaches.

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Blog

A mass outbreak of anonymity: CDE and FGH v MGN and LMN

Published on 20 January 2011. By Keith Mathieson, Partner

It is not unusual for claimants in privacy cases to be anonymised. It is less common for defendants and distinctly unusual for non-parties.

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Blog

ECtHR upholds Campbell v MGN

Published on 18 January 2011. By Keith Mathieson, Partner

Just under seven years after the House of Lords found by 3 to 2 against the Daily Mirror in the landmark privacy case by Naomi Campbell, the European Court of Human Rights has rejected MGN's attempt to persuade it that UK law was incompatible with Article 10.

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Blog

No exclusion of bereaved families from 7/7 inquest

14 January 2011

The Divisional Court has refused the Government's application for judicial review of the 7/7 Coroner's decision not to exclude victims' families from the court during its private sessions.

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Blog

7/7 footage withheld from public to protect privacy of victims and their families

14 January 2011

The Coroner conducting the inquest into the terror attacks in London on 7 July 2005 has ordered that certain footage shown in court of the aftermath of the 7/7 attacks should not be released to the media.

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Blog

Super-injunctions - an update

Published on 14 January 2011. By Keith Mathieson, Partner

Super-injunctions are injunctions that prevent publication of the fact that the court has made an injunction.

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Blog

Should the parties in privacy cases be anonymised? - a summary of the recent judgments

Published on 14 January 2011. By Keith Mathieson, Partner

Since the end of the summer at least eight judgments have considered whether the parties to successful applications for privacy injunctions should be anonymised.

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Blog

Anonymity of egg and sperm donors

Published on 13 January 2011. By Clare Jaycock, Director of Risk & Compliance

A survey by Manchester Fertility Services highlights issues of privacy concerning egg and sperm donation.

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Blog

No injunction for local authority that failed to give notice to media

Published on 12 January 2011. By Keith Mathieson, Partner

A judge has refused to make an order gagging media organisations who were not given proper notice of the application for the order.

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Blog

Media access to Court of Protection

Published on 12 January 2011. By Keith Mathieson, Partner

The Independent newspaper has won the right to attend and report on a case in the Court of Protection.

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Blog

UK referred to ECJ over internet privacy

Published on 12 January 2011. By Keith Mathieson, Partner

On 30 September 2010 the European Commission announced that it referred the UK to the European Court of Justice for its alleged failure to implement EU laws on the confidentiality of electronic communications such as emails or internet browsing.

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Blog

Use (and abuse?) of anti-terrorism powers by police

Published on 12 January 2011. By Keith Mathieson, Partner

A Home Office report on the operation of police powers under the Terrorism Act 2000 and subsequent legislation has revealed that in 2009/10 a total of 101,248 stop-and-searches were made pursuant to s40 of the Terrorism Act 2000, but not one of the stop-and-searches resulted in an arrest being made on a terrorism charge.

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Blog

Computer hacker fined £21,000

Published on 11 January 2011. By Keith Mathieson, Partner

A computer hacker who admitted offences under the Computer Misuse Act 1990 has been fined £21,000 and given a 36-week prison sentence suspended for two years.

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Blog

New report on the 'Surveillance Society'

Published on 11 January 2011. By Keith Mathieson, Partner

The Information Commissioner has expressed concern over the lack of scrutiny of new laws affecting privacy.

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Blog

Undercover reporting - 'Cablegate'

Published on 11 January 2011. By Keith Mathieson, Partner

On 20 December 2010 the Daily Telegraph published a report based on secretly recorded conversations with the Business Secretary Vince Cable.

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Blog

Google escapes fine over Street View breach

Published on 11 January 2011. By Keith Mathieson, Partner

Google's Street View service has escaped a financial penalty despite being found to breach the Data Protection Act 1998 (DPA).

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Blog

Public access to documents in criminal cases

Published on 11 January 2011. By Keith Mathieson, Partner

The Administrative Court has upheld the decision of a district judge to refuse the press access to documents placed before a magistrates court in connection with extradition proceedings

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Blog

Van Morrison gets privacy injunction

Published on 10 January 2011. By Keith Mathieson, Partner

The musician Van Morrison has obtained an injunction against the News of the World to prevent the publication of private information apparently disclosed to the newspaper by a tradesman working at the musician's house.

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Blog

Privacy judgment in Northern Ireland

Published on 10 January 2011. By Keith Mathieson, Partner

In King v Sunday Newspapers (Northern Ireland High Court, WEA7948), following a High Court trial before Weatherup J, the claimant obtained an injunction preventing publication of his home address and certain further information about his family.

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Blog

Harassment by newspaper articles

Published on 10 January 2011. By Keith Mathieson, Partner

In King v Sunday Newspapers (Northern Ireland High Court, WEA7948) the claimant alleged that a series of articles in the Northern Irish newspaper Sunday World constituted harassment under the Prevention of Harassment (Northern Ireland) Order 1997 (the equivalent of the Protection From Harassment Act 1997).

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Blog

Tweeting the courts

Published on 10 January 2011. By Keith Mathieson, Partner

The Lord Chief Justice has issued guidance on the use of Twitter in court.

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Blog

Applications for privacy injunctions – when notice need not be given

Published on 10 January 2011. By Keith Mathieson, Partner

In DFT v TFD [2010] EWHC 2335 (QB) Sharp J made an order to restrain publication of allegedly private and confidential information without notice having been given to either the respondent or the media.

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Blog

Privacy and anonymisation in commercial cases and in the Court of Appeal

Published on 10 January 2011. By Keith Mathieson, Partner

In a music royalties dispute involving Pink Floyd, the Court of Appeal has made it clear that a private hearing or anonymisation of parties should take place only where the court is satisfied this is necessary for the proper administration of justice.

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Blog

Privacy and blackmail

Published on 10 January 2011. By Keith Mathieson, Partner

Those seeking to profit from making unauthorised disclosures of private information sometimes resort to blackmail, seeking to extort money from those who would prefer to keep the information private.

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Blog

Anonymisation of parties in matrimonial proceedings

Published on 10 January 2011. By Keith Mathieson, Partner

The Court of Appeal has lifted an order by a family court judge which directed that the parties to the proceedings should be anonymised.

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Blog

Nick Clegg champions FoI at FOS

07 January 2011

In a speech today, Nick Clegg championed freedom of information (FoI) at the FOS:

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Blog

School photographs, data protection and common sense

Published on 06 January 2011. By Keith Mathieson, Partner

In the run up to Christmas the Information Commissioner's Office (ICO) has issued a press release confirming that the Data Protection Act 1998 (DPA) does not prevent family and friends from taking photographs at school concerts or plays.

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Blog

First monetary penalty notices issued by ICO

06 January 2011

On 24 November the Information Commissioner's Office ("ICO") issued its first monetary penalty notices, marking the first use of this power since it became available to the ICO in April.

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