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November 2016

The High Court of Northern Ireland has dismissed the Brexit challenge

McCord’s (Raymond) Application [2016] NIQB 85

On the 28th October 2016 Mr. Justice Maguire, sitting in the High Court of Belfast, dismissed two judicial review challenges in Northern Ireland to the manner in which the government intends to invoke Article 50 of the Treaty on the European Union to trigger the withdrawal of the UK from the EU.

Northern Ireland High Court

Court of Appeal rules that Ashers Bakery directly discriminated on grounds of sexual orientation

Lee v McArthur and Ashers Baking Co. Ltd (Court of Appeal)

On 24th October 2016, the Court of Appeal found that Ashers Baking Company had directly discriminated against the respondent on grounds of sexual orientation, and religious and political belief, by refusing to fulfil his order for a cake in support of marriage equality.

Discrimination, LGBT

CJEU rules that people smugglers can be prosecuted after immigrants have later gained EU citizenship because home country joins EU

Paoletti and Others (Judgment) [2016] EUECJ C-218/15

The Court of Justice of the European Union (CJEU) has ruled that people smugglers may still be prosecuted after illegal immigrants have since gained EU citizenship due to their country of origin being granted EU membership.

Criminal Law, Immigration & Asylum

Fifa legally challenged over treatment of migrant workers in Qatar

Fifa faces legal action in the Swiss Courts as a result of its vote in December 2010 to hold the World Cup 2022 in Qatar, due to the plight of migrant workers. 

Employment Law, Other Public Interest Cases

Extradition of UK citizen to Taiwan would breach Article 3 of the Convention

Zain Taj Dean v The Lord Advocate and the Scottish Ministers [2016] HCJAC 83

The High Court of Justiciary Appeal Court ruled that the extradition of a British citizen to Taiwan would be incompatible with Article 3 of the European Convention on Human Rights as a result of the conditions in Taipei prison.

Criminal Law, Other Public Interest Cases

Coroners do not have powers to request disclosure of information that has already been determined by the AAIB

R(Secretary of State) v Her Majesty’s Chief Coroner for Norfolk (British Airline Pilots intervening) [2016] EWHC 2279

The High Court has ruled that coroners do not have a power to order disclosure of the transcript and/ or recording from a cockpit flight recorder, or to issue fines for failure to comply. 

ECHR Art. 2, Other Public Interest Cases, Right to Life

High Court refuses to make order to stop Serious Fraud Office conducting investigations

R (o.t.a Soma Oil & Gas) v Director of the Serious Fraud Office [2016] EWHC 2471

The High Court has dismissed a challenge from Soma, an oil and gas company, to stop the Serious Fraud Office (SFO) from conducting investigations.

Criminal Law, Disclosure

Court of Appeal refuses to re-open appeals for murder convictions based on new joint enterprise law

You may remember that in the March Edition of the Update, we reported the case R v Jogee, Ruddock v The Queen [2016] UKSC 8.  This case, which was decided in the Supreme Court, set aside murder convictions based on joint enterprise by overturning previous decisions.  It was ruled that the secondary party must intend to assist or encourage someone to commit the crime in order to secure a conviction.  Foresig

Criminal Law, Miscarriages of Justice

Home Office required to pay compensation as a result of publication online of a spreadsheet containing personal data of asylum seekers

TLT and others v Secretary of State for the Home Department [2016] EWHC 2217

The High Court ordered the Home Office to pay six claimants damages to the total value of £39,500 for misuse of private information and breaches of the Data Protection Act 1998 (DPA), as a result of mistakenly publishing a spreadsheet online which contained the personal data of asylum seekers.

Private Information & Data Protection

Police ordered to pay damages for obtaining private information about absent officer

The Central London County Court awarded damages to a former police office, whose former employer, the Metropolitan Police sought personal information about her from the National Board Targeting Centre (NBTC) which is managed by the Greater Manchester Police.  The information sought concerned a trip Ms Brown had taken to Barbados with her daughter while she was on sick leave.

Private Information & Data Protection