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28 February 2008
Issue: 7310 / Categories: Legal News , Legal services , Profession , Data protection
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In Brief

News

DATA DOUBTS

Internet companies that process any personal data in Europe must comply with its privacy laws even if based outside the EU, Europe’s data protection watchdogs say. The Article 29 Working Party is demanding that its data protection rules apply to personal data processed by companies that do not even have EU offices. The working party claims that the practice of keeping a record of what internet addresses gave rise to what searches breaches the Data Protection Directive, which imposes obligations on firms processing personal data. In a statement, the working party says: “Search engines fall under the EU Data Protection Directive 95/46/EC if there are controllers collecting users’ IP addresses or search history information, and therefore have to comply with relevant provisions.” Under these rules, the way companies use personal information would be more tightly controlled.

 

LAWYERS COP OUT

The Police Action Lawyers Group (PALG) has resigned from the advisory board of the Independent Police Complaints Commission (IPCC) after becoming frustrated with the poor quality of the organisation’s decision-making. The resignation of the group, which specialises in the handling of police complaints, follows an investigation by The Guardian which found a catalogue of administrative problems including allegations of favouritism, indifference and extreme delay. In October 2005, PALG handed a report to the IPCC highlighting poor working practices, which has not been acted upon.

 

SOLICITORS DATA

Two London solicitors have been successfully prosecuted for Data Protection Act 1998 offences. Olubi Adejobi of Grier Olubi solicitors and Robert Bentley of Bentleys Solicitors were each fined £300 and ordered to pay costs of £500 following their failure to notify as data controllers, despite frequent reminders from the Information Commissioner’s Office. Both men are still yet to notify.

 

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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