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Court: Chancery Division

Since the adoption of the EU Charter the focus is on protecting data subjects, not the burden on the data controller

Dawson-Damer & Ors v Taylor Wessing LLP & Ors [2019] EWHC 1258 (Ch)

Thirty-five paper files maintained by the first defendant are a “relevant filing system” for the purposes of the Data Protection Act 1998, s 1(1). The right to the protection of personal data was enshrined as a fundamental right in EU law by the Charter – after Durrant v FSA (with its more restrictive approach) was […]

Copyright Tribunal does not have jurisdiction to set terms of licences of foreign copyrights

BBC & Anor v Mechanical Copyright Society & Ors [2018] EWHC 2931 (Ch)

The Copyright Tribunal does not have jurisdiction under the Copyright, Designs and Patents Act 1988, s 126 to set the terms of licences of foreign copyrights; but that it nevertheless has the power in some circumstances to make an order in respect of the whole of a licence which covers both UK copyrights and foreign copyrights.

Cliff Richard has won his privacy case against the BBC and will be awarded substantial damages

Richard OBE v BBC & Anor [2018] EWHC 1837 (Ch)

Cliff Richard has won his privacy case against the BBC and will be awarded substantial damages after it reported the singer was being investigated over historic child sex assault claims. South Yorkshire Police had disclosed to the BBC that Richard was under investigation for alleged sexual offences involving a minor, and of the date, time […]

Evicted tenants privacy rights under ECHR, art 8 outweighed Channel 5’s art 10 rights

Ali & Anor v Channel 5 Broadcast Ltd [2018] EWHC 298 (Ch)

The claimant tenants had had a reasonable expectation of privacy in respect of certain information included in an observational documentary programme (“Can’t Pay, We’ll Take It Away”) aired by Channel 5 which showed edited footage of their eviction from their rental home, following the execution of a writ of possession. In allowing the claim, the […]

Court declines application by the BBC to transfer claim from the Chancery Division to the Media and Communications List

Appleby Global Group LLC v British Broadcasting Corporation & Anor [2018] EWHC 104 (Ch)

Appleby issued a claim form in the High Court on 4 Dec 2017 against the defendants, claiming damages and a permanent injunction for breach of confidence. The claim form was issued in the Business and Property Courts of England and Wales and allocated to the Business List (ChD). This hearing considered an application by the […]