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Thinking - Blog
Can schools take pupils' fingerprints?
The Times reported last week that parents at an independent school in north London had protested when fingerprints were allegedly taken from pupils without consent with a view to the fingerprints being used for the automated lunch payment system.
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Thinking - Blog
A former editor’s view on the naked Royal
There’s an interesting view on the naked pictures of Prince Harry from a former tabloid editor.
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Thinking - Blog
Access to Documents in Criminal Proceedings – Guardian Challenge Secures Change
The Court of Appeal has ruled that where documents have been placed before a judge and referred to in the course of open proceedings, the default position should be that access should be permitted on the open justice principle.
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Thinking - Blog
Cabinet minister's 17-year-old son gets privacy injunction but not anonymity
The son of Caroline Spelman, the Environment Secretary, has obtained an injunction against the publishers of the Daily Star Sunday.
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Thinking - Blog
Automatic numberplate recognition: is it legal?
A report in the Guardian last week reminds readers of the strong likelihood that local police forces have tracked their movements with the use of automatic numberplate recognition (ANPR).
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Thinking - Blog
A "tenuous claim to privacy": Hutcheson v News Group
Can you expect to keep a second family private? That was the ambitious hope of celebrity chef Gordon Ramsay's father-in-law, Chris Hutcheson.
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Thinking - Blog
A former judge reflects on privacy injunctions
Mr Justice Eady's interview last month by Joshua Rosenberg -
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Thinking - Blog
A digest of recent news (1) - UK judgments
For one reason and another, the blog has been unable to report on much of the recent news. This entry is an attempt to remedy the situation. Normal service should be resumed shortly.
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Thinking - Blog
Are privacy injunctions too restrictive?
Has privacy law gone too far? It’s not just the editor of the Daily Mail who thinks so.
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Thinking - Blog
Another ruling on privacy injunctions
Judgment was handed down today in a case where a privacy injunction was made in 2008.
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Thinking - Blog
Can employers spy on their employees?
The US media have reported a number of instances in which companies have hired private detectives to spy on workers taking "sickies".
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Thinking - Blog
Anonymity order lifted in marital privacy case
A High Court judge has lifted an anonymity order protecting the identity of a formerly married couple involved in a privacy dispute.
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Thinking - Blog
Anonymity proposed for teachers accused by pupils
The controversial Education Bill was published on 26 January 2011.
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Thinking - Blog
Blanket reporting restriction set aside by Court of Appeal
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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Thinking - Blog
A mass outbreak of anonymity: CDE and FGH v MGN and LMN
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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Thinking - Blog
7/7 footage withheld from public to protect privacy of victims and their families
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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Thinking - Blog
Anonymity of egg and sperm donors
A survey by Manchester Fertility Services highlights issues of privacy concerning egg and sperm donation.
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Thinking - Blog
Applications for privacy injunctions – when notice need not be given
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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Thinking - Blog
Anonymisation of parties in matrimonial proceedings
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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Profile
Thinking - Snapshot
SHEIN faces EU scrutiny over consumer law violations
Following a coordinated investigation at European level, SHEIN has been notified that certain of its platform practices infringe EU consumer law, with fake discounts, the use of pressure selling tactics, and unclear returns policies, being examples cited by the Commission.
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Thinking - Snapshot
CMA secures undertakings from Amazon to combat fake reviews
What do Amazon’s undertakings reveal about the CMA’s expectations for businesses in complying with consumer protection laws on fake reviews?
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Thinking - Snapshot
CMA consults on draft price transparency guidance under the DMCCA
What practical guidance is given by the CMA in its new draft guidance on price transparency under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
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Thinking - Snapshot
Green claims update
In a shock last minute U-turn, the European Commission proposed withdrawing the Green Claims Directive over concerns about the regulatory burden, particularly for SMEs, of getting green claims independently verified.
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Thinking - Snapshot
CJEU rules on comparative advertising and online comparison services
Does an online comparison service fall within the remit of the comparative advertising rules contained in the Misleading and Comparative Advertising Directive (2006/114/EC)?
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Thinking - Snapshot
CAP issues guidance on use of AI in ads
When does the use of AI need to be disclosed in ads?
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Thinking - Snapshot
Brand-only ads excluded from restrictions on advertising "less healthy" food and drink products
Do the new restrictions on advertising "less healthy" food and drink products apply to brand-only advertising?
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Thinking - Snapshot
ASA rules against brand for an ad it had never seen
Are brands responsible for third-party advertising of their products, even when they never directly authorised (or had ever seen) those ads?
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Thinking - Snapshot
ASA & CAP's focus on AI influencer ad disclosures
What top tips can be taken from the UK Advertising Standards Authority (ASA) and the Committee of Advertising Practice (CAP) in their recent Annual Report for 2024 and report on Influencer Ad Disclosure on Social Media (Influencer Report)?
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Thinking - Snapshot
Contract formation: use of emoji showed objective intention to enter into contract
Is the use of a “thumbs up” emoji sufficient to convey acceptance when forming general commercial contracts?
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Thinking - Snapshot
Court of Appeal confirms financial claim caught by clause excluding liability for loss of anticipated profits
How did the Court of Appeal approach the construction of an exclusion clause to determine whether the Claimant’s financial claim for breach of an exclusivity provision was properly described as a claim for “anticipated profits” and as such was excluded by that clause?
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Thinking - Snapshot
Supreme Court determines that the parties’ common intention decides whether a contract is varied or replaced
How will a court determine whether a contract has been varied or replaced?
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Thinking - Snapshot
Variation of contract by email valid without expressly referring to exercise of contractual right
How will a court determine the formality requirements for a valid contract variation?
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Thinking - Snapshot
“Ronan’s Law” to impact retailer and online platform liability for knife sales
How will the UK’s proposal to crack down on the online sale of knives impact retailers?
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Thinking - Snapshot
EU “ecodesign” product regulation lands, together with new digital product passport
What does the EU’s new regulation on ecodesign and sustainability mean for products and those who manufacture, import, deal and distribute them?
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Thinking - Snapshot
EU proposals to make online marketplaces liable for unsafe or illegal goods and collection of taxes
How concerned should online marketplaces be about new EU rules on e-commerce imports?
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Thinking - Snapshot
EU Online Dispute Regulation Platform discontinued!
The EU Online Dispute Resolution Platform (ODR Platform) was set up in 2016 under the Regulation (EU) No 524/2013 (Regulation), as an alternative route to court for disputes arising from online sales or service contracts
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Thinking - Snapshot
CJEU considering liability of App Store providers for unlawful loot boxes
Should intermediary service providers (eg app stores) be held liable for the supply of games containing unlawful loot boxes to consumers in breach of local gambling legislation?
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Thinking - Snapshot
CMA guidance on unfair commercial practices under the DMCCA
What practical guidance is given by the CMA on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
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Thinking - Snapshot
CMA’s enforcement road map for the new DMCCA plus consumer protection priorities
Where will the CMA focus its new enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA)? And what are the CMA’s consumer protection priorities?
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Thinking - Snapshot
Green claims update
The CMA has recently consulted on draft guidance to help businesses comply with the revamped consumer protection rules under the Digital Markets, Competition and Consumers Act 2024. The guidance summarises key changes including broader definitions of “commercial practices” and “misleading actions” making it easier to enforce against misleading green claims.
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Thinking - Snapshot
ASA gets tougher on brand advertising for “less healthy” food and drink products
What does CAP and BCAP’s new “identifiability test” mean for the advertising of “less healthy” food and drink (LHF) products?
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Thinking - Snapshot
UK advertising codes to be amended to reflect new DMCCA
What are the proposed key amendments to the CAP and BCAP Codes to align with the Digital Markets, Competition and Consumers Act 2024?
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Thinking - Snapshot
Travel agent found to have misled consumers with “from” price claims
How can advertisers avoid misleading consumers when using “from” price claims?
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Thinking - Snapshot
ASA rules against telecoms companies on mid-contract price rises
What steps should be taken to ensure contractual mid-term price rises don’t fall foul of advertising regulations or Ofcom’s existing and incoming transparency rules?
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Thinking - Snapshot
Harmful Online Choice Architecture: ASA criticises Nike and Sky for “dark pattern” tactics
What must businesses do to ensure that their ads do not fall foul of the ASA and CMA’s ongoing investigations into harmful choice architecture and dark pattern tactics?
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Thinking - Snapshot
Influencer posts and affiliate links: the whole marketing chain must know the rules
Why did the Advertising Standards Authority (ASA) rule against Sainsbury’s on the use of an affiliate link by an influencer (noting that Sainsbury’s had no involvement in the creation of the post) and what steps could Sainsbury’s take to help prevent the problem from happening again?
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Thinking - Snapshot
Round up of recent green claims
Round up of recent green claims: Key updates and sector-specific updates
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Thinking - Snapshot
Effect of a contractual liability cap on set-off and contractual interest
Under a contract’s liability cap, should the cap be applied separately to each party’s liability before any set-off or after calculating the net financial position between the parties?
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Thinking - Snapshot
Agreements to agree: Price for goods “to be fixed” by agreement results in partially enforceable contract
Where a contract for the sale of goods did not expressly specify the price for a portion of the goods, was the contract for the sale of those goods, or an element of it, enforceable or unenforceable as a mere agreement to agree?
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