CFA success fees abolished in privacy & defamation cases

April 8th, 2019 by Anya Proops QC

So after many of months of GDPR-related anguish, finally some good news for data controllers: with effect from last Saturday (6th April), conditional fee agreement (CFA) success fees will no longer be recoverable from defendants in privacy or defamation proceedings, at least where the relevant CFA was entered into after 5 April.

The legislative story goes like this (deep breath!): Read more »


Adtech, ePrivacy and the GDPR

March 22nd, 2019 by Robin Hopkins

Scarcely a week goes by without my saying to someone or other (clients, colleagues, my children round the dinner table): the GDPR is not an exhaustive regime – where applicable, you need to ensure compliance with ePrivacy laws as well. Especially when it comes to electronic marketing communications, cookies and related ad tech. This inevitably prompts the question: aren’t we supposed to be getting a new ePrivacy law? What’s the delay? Read more »


The end of the line for Kennedy v Charity Commission

March 18th, 2019 by Anya Proops QC

So if you, like me, were wondering whatever happened to Mr Kennedy’s case against the Charity Commission, wonder no longer. It turns out that last December the European Court of Human Rights decided to dismiss Mr Kennedy’s Article 10 claim on the ground that it was inadmissible by reason of the availability of an alternative remedy – see the judgment here.

The background, as you may recall, is that Mr Kennedy, a Times journalist, was trying to get information out of the Charity Commission in connection with the ‘Mariam Appeal’, a fund set up by George Galloway MP for the purposes of supporting Iraqi children suffering from leukaemia. Mr Kennedy wanted to get hold of the information in connection with an investigation he was conducting into whether monies Read more »


Information Law Conference 2019

March 6th, 2019 by Claire Halas

A huge thank you to everyone who attended our sell out Information Law Conference today. It was great to see so many people. A big thank you to Sir Patrick Elias who did a fabulous job chairing the event and our brilliant speakers. Looking forward to next year’s conference already!


Personal Data in the Upper Tribunal

February 28th, 2019 by Christopher Knight

We all love nuggets, be they of gold or chicken. A couple of short recent Upper Tribunal judgments reached under FOIA may not be finger-lickin’ good, but are nonetheless worthy noting as a tasty morsel or two. Read more »


UKIP, the ICO and Information Notices

February 21st, 2019 by Robin Hopkins

Information notices have so rarely surfaced in information rights litigation that I can almost hear a number of Panopticon readers saying ‘what is an information notice again?’. Fair question. Read more »