Information Technology in UK Law

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Leading Cases
  • HM Attorney General v Joanne Fraill and Jamie Sewart
    • Court of Appeal (Criminal Division)
    • 16 June 2011

    Judges, no less than any else, are well aware of and use modern technology in the course of their work. Modern technology, and means of communication, are advancing at an ever increasing speed. We are aware that reference to the internet is inculcated as a matter of habit into many members of the community, and no doubt that habit will grow. The revolution in methods of communication cannot change these essential principles.

  • Bunt v Tilley
    • Queen's Bench Division
    • 10 March 2006

    Of course, to be liable for a defamatory publication it is not always necessary to be aware of the defamatory content, still less of its legal significance. Editors and publishers are often fixed with responsibility notwithstanding such lack of knowledge. On the other hand, for a person to be held responsible there must be knowing involvement in the process of publication of the relevant words. It is not enough that a person merely plays a passive instrumental role in the process.

  • Re A (Capacity: Social Media and Internet Use: Best Interests)
    • Court of Protection
    • 21 February 2019

    The next question which arises is what is the ‘relevant information’ under section 3(1)(a) MCA 2005 on which the issue should be assessed? Although counsel in this case prepared an ‘agreed’ formula, I have had the benefit of wider argument on the issue in the two cases.

  • EE Ltd v Office of Communications Secretary of State for Culture, Media and Sport and Others (Interested Parties)
    • Queen's Bench Division (Administrative Court)
    • 26 August 2016

    Nothing elsewhere in domestic legislation leads, in my judgment, to a different conclusion. I accept Mr Saini's submission that the 2006 Act is the lex specialis in relation to Ofcom's duties as regards the radio spectrum. The limited powers for the Secretary of State to give directions to Ofcom contained in section 5 of the 2003 Act cannot hobble the wide power to give directions under section 5 of the 2006 Act.

  • The Queen v Steven Smith, Wayne Clarke, Bryan Hall & Jonathan Dodd
    • Court of Appeal (Criminal Division)
    • 19 July 2011

    (i) such as is inadvertent and not reasonably avoidable in the course of lawful daily life, or

  • The Football Association Premier League Ltd v British Sky Broadcasting Ltd and Others
    • Chancery Division
    • 16 July 2013

    In any event, even if FAPL had to show that the communication was to a new public, I consider that it is clear that that requirement is satisfied, since the effect of FirstRow's activities is to make the broadcasts available to persons who are not legitimately entitled to view them either because those persons have not subscribed to the broadcaster's service or because the broadcaster has only been licensed by FAPL for a different territory.

  • R v Thompson
    • Court of Appeal (Criminal Division)
    • 18 September 2008

    In the present case we do not consider that any provision for monitoring the applicant's use of computers and the Internet can be justified. There is here no good reason to confer on the police any wider powers of search than are vested in them under the generally applicable law.

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Legislation
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Books & Journal Articles
  • Managing Information Technology
    • Nbr. 1-3, March 1989
    • Records Management Journal
    • 131-133
    I want to talk about information retrieval and why applications that are developed to meet apparently simple requests often turn out to be less than satisfactory.
  • Managing Information Technology
    • Nbr. 3-3, March 1991
    • Records Management Journal
    • 91-92
    When relational databases (RDBs) appeared there was a deal of confusion about what they were. Everybody now knows that they are only a collection of very simple records in ‘card‐indexed’ files, whe...
  • Information, Technology, Confidentiality and Ethics
    • Nbr. 4-2, June 1999
    • Mental Health Review Journal
    • 3-5
  • PROGRAMMES IN ADVANCED INFORMATION TECHNOLOGY
    • Nbr. 39-2, February 1983
    • Journal of Documentation
    • 85-87
    Major initiatives in advanced information technology are under way or have been proposed in the UK, Europe and Japan. ‘Information technology’ is an umbrella expression with different interpretatio...
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Law Firm Commentaries
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