Cyber Crime in UK Law

No single one of the above list is determinative, with the exception of the first one. This is because if the express terms prevent the implication of a duty of good faith, then that will be the end of the matter. However, many of these characteristics will be found to be present where a contract is a relational one. In other cases on entirely different facts, it may be that there are other features which I have not identified above which are relevant to those cases.

Some indication of the balance to be struck between disclosure and non-disclosure can be seen from the tenor of the judgments in Kennedy. In that case the Supreme Court was concerned with inquiries conducted by the Charity Commission and their relationship with judicial or quasi judicial proceedings. It was, as Mr Peretz correctly pointed out, in this particular context that the Court emphasised the high importance attached to open justice and to transparency.

Where Parliament provides two different procedures which are available to the state in respect of the same subject matter, see section 240(2) of the Act, it is for the state to choose which to use. The state ought to choose the procedure which will produce the greatest benefit to the public, providing that no injustice is caused to the respondent. That is its duty, and that is what has happened here.

The mere fact of being in the United Kingdom for a prolonged period does not lead to persecution. However it may lead to scrutiny and there is clear evidence that some people are asked about their internet activity and particularly for their Facebook password.