Practice Pre-trial or post-judgment relief. The Queen's Bench Division entered summary judgment for the defendant hospital in respect of data protection brought by the claimant. It also struck out a defamation claim and gave the defendant its costs in relation to certain abandoned claims of the claimant.
Extradition Extradition order. The appellant appealed against orders for his extradition to Bulgaria to serve a sentence of five years' imprisonment for an offence akin to obtaining money by deception and money laundering against two victims on the ground of double jeopardy, given his conviction in Germany for fraud against one victim. The Divisional Court, in allowing the appeal, held that the appellant's extradition would offend against the rule of double jeopardy in respect of the common victim. In the circumstances, the potential jeopardy would arise whether or not the appellant sought to exercise his right to re-trial.
European Union Access to information. The General Court of the European Union granted the application by the applicant Mr Ionnis Ntouvas for annulment of the decision of the European Centre for Disease Prevention and Control (ECDC) refusing the applicant access to the final audit reports carried out on the ECDC by the Internal Audit Service of the European Commission.
Consumer credit Agreement. The proceedings raised a question as to the legitimacy of registration as a default with credit reference agencies of a non-payment by a debtor (or hirer) of money contracted to be paid under a regulated, but irremediably unenforceable, credit agreement. The Court of Appeal, in allowing the claimants' appeal against the judge's finding that they had not established causation, held, inter alia, that it had not been accurate to describe the first claimant as a defaulter under his hire purchase agreement once a competent court had decided that it had been irremediably unenforceable against him.
Data protection Processing of personal information. The claimant Russian national issued proceedings against the defendant National Crime Agency, asserting that processing his personal data whilst he was protected from extradition to Russia by reason of his refugee status was unnecessary and unlawful. The defendant sought the striking out of the claim or summary judgment. The Administrative Court, in dismissing the application, held that the claimant's rights under art 8 of the European Convention on Human Rights had not been too weak to outweigh the defendant's data-processing functions. Accordingly, that amounted to a compelling reason why there should be a trial so that those matters could be investigated.
Sentence Confiscation order. The Court of Appeal, Criminal Division, in dismissing the defendant's appeal against a confiscation order, held that funds and credits paid into the defendant's bank account by a friend, whom he had allowed to use the account, had fallen squarely within the benefit provisions of s76(4) of the .
Practice Pre-trial or post-judgment relief. The High Court had granted a freezing injunction over assets held by companies incorporated in Singapore and in respect of which the United States of America had commenced proceedings in its own jurisdiction in respect of allegations of money laundering. The injunction was granted pursuant to s25 of the . The Court of Appeal, Civil Division, allowed the companies' appeal as it had been inexpedient for the judge to have granted the injunction under that section in circumstances where the United Kingdom authorities had expressly stated that they were not prepared to make an application for a prohibition order pursuant to the (External Requests and Orders) Order 2005.
European Union Reference to European Court. The Court of Justice of the European Union considered a request for a preliminary ruling made in the course of proceedings between Mr U and the Stadt Karlsruhe concerning the latter's refusal to alter the form in which Mr U's birth name appeared in his German passport. The Court answered a number of questions relating to the interpretation of Council Regulation (EC) 2252-2004 (on standards for security features and biometrics in passports and travel documents).
European Union Data protection. A university sought to make a book available in its library via electronic reading points. The owner of the user rights to the book, Ulmer, sought to prevent the book from being made available in that way. In the course of proceedings, the German Federal Court of Justice referred three preliminary questions to the Court of Justice of the European Union. The Court rulings on the interpretation of art 5(3)(n) of Directive (EC) 2001-29.
Extradition Extradition order. The Administrative Court allowed the appellant's appeal against an order for his extradition to Poland where The conduct set out in the European arrest warrant did not impel an inference of criminal conduct as required by of the Extradition Act 2003.