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Data protection

17 April 2015
Issue: 7648 / Categories: Case law , Law digest , In Court
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Vidal-Hall and others v Google Inc (The Information Commissioner intervening) [2015] EWCA Civ 311, [2015] All ER (D) 307 (Mar)

Google had sought to set aside the permission that had been granted to the claimants to serve their claim form out of the jurisdiction in their action which alleged misuse of private information, breach of confidence and breach of the Data Protection Act 1998 (DPA 1998). The action for breach of confidence was set aside. The Court of Appeal, Civil Division, dismissed Google’s appeal as the pleaded actions were clearly arguable and not pointless. The court held that misuse of private information should be recognised as a tort for the purposes of service out of the jurisdiction and that, in order to make s 13(2) of DPA 1998 compatible with EU law, that section had to be disapplied, with the consequence that compensation would be recoverable under s 13(1) for any damage suffered as a result of a contravention by a data controller of the requirements of DPA 1998.

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MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

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Firm bolsters Manchester insurance practice with double partner appointment

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Jackson Lees Group—five promotions

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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