Law reports

On the true construction of General Data Protection Regulation (EU) 2016/679 (the GDPR), a representative appointed under art 27 thereof could not be held liable for a controller’s breaches of the GDPR. Accordingly, the Queen’s Bench Division, held that there was no basis in law for a claim, alleging breaches of the GDPR by a data controller company, to be brought against the defendant company in its capacity as the art 27 representative of that…

The appellant had been sent to a young offenders’ institution when he was 15 years old, where he had been placed in ‘single unlock’, meaning he could not leave his cell when any other detainees were out of their cells. He failed in his appeal against the decision of the Court of Appeal, Civil Division, that that his removal from association had not been in breach of the prohibition of torture under art 3a and…

The appellants (T and C) successfully appealed against their extradition to Moldova, in the case of T, to face trial in respect of an offence of theft; in the case of C, to serve a sentence of five years’ imprisonment for theft. The Administrative Court held that on the available information and evidence, the assurances given by the respondent government of Moldova with a view to satisfying the court that there was no substantial risk…

The appeal of the claimant (E) was dismissed, in proceedings in which he had alleged discrimination on grounds of race, victimisation and harassment at work. E had made many unsuccessful applications for positions within the defendant (Royal Mail). The Supreme Court held that the change in language from s 54A(2) of the Race Relations Act 1976 to that in s 136 of the Equality Act 2010 had not made a substantive change in the law….

The application of the Charity Commission for England and Wales to wind up the respondent charity succeeded. The Chancery Division held that the various factors combined to lead inevitably to the conclusion that part defaults justified a decision to wind up on just and equitable grounds. It would not be in the public interest to allow the charity to continue with its current trustee/director involved.   Charity – Trustee – Winding up of charity In…

The appellant had a contract for a package holiday to Sri Lanka with the respondent tour operator, Kuoni. While on that holiday, she had been raped and assaulted by a hotel employee in the course of directing her to the hotel reception. She successfully appealed against the decision of the Court of Appeal, Civil Division, to the effect that in those circumstances, the tour operator would be liable for damages. The Court of Appeal took…