Identity Theft in UK Law

Leading Cases
  • Various Claimants v WM Morrisons Supermarket Plc
    • Queen's Bench Division
    • 01 Diciembre 2017

    First, I reject Ms Proops' argument that the disclosure on the web of the payroll data was disconnected by time, place and nature from Skelton's employment. I find, rather, that as Mr Barnes submitted there was an unbroken thread that linked his work to the disclosure: what happened was a seamless and continuous sequence of events.

    Second, I find that Morrisons deliberately entrusted Skelton with the payroll data. It was not merely something to which work gave him access: dealing with the data was a task specifically assigned to him. Associated with this, I find that in his role with Morrisons, day in and day out, he was in receipt of information which was confidential or to have limited circulation only: and he was appointed on the basis that this would happen, and he could be trusted to deal with it safely.

  • Attorney General's Reference (No. 2 of 1982)
    • Court of Appeal (Criminal Division)
    • 24 Noviembre 1983

    It is said, in effect, that their acts are necessarily the company's acts; that their will, knowledge, and belief are those of the company; and that their consent necessarily implies consent by the company. It is for this reason that in such cases there can be no conspiracy between the directors and shareholders on the one hand and the company on the other: R. v. McDonnell (1966) 1 QB 233 (C.A.).

  • Shogun Finance Ltd v Hudson
    • House of Lords
    • 19 Noviembre 2003

    Thus, if the contents of the document are, without more, insufficient unequivocally to identify the actual individual referred to or if the identification of the party is non-specific, evidence can be given to fill any gap. This rule is one of the great strengths of English commercial law and is one of the main reasons for the international success of English law in preference to laxer systems which do not provide the same certainty.

  • Lauri Love v The Government of the United States of America
    • Queen's Bench Division (Administrative Court)
    • 05 Febrero 2018

    In our judgment, section 83A is clearly intended to provide a safeguard for requested persons, not distinctly to be found in any of the other bars to extradition or grounds for discharge, including section 87 and the wide scope of article 8 ECHR. They do not leave to the court the task of some vague or broader evaluation of what is just.

    The true approach is more simply expressed by requiring the appellate court to decide whether the decision of the district judge was wrong. The appellate court is entitled to stand back and say that a question ought to have been decided differently because the overall evaluation was wrong: crucial factors should have been weighed so significantly differently as to make the decision wrong, such that the appeal in consequence should be allowed.

  • Lexi Holdings Plc ((in Administration)) v Luqman
    • Chancery Division
    • 16 Julio 2008

    The question whether a breach of duty constituted by total inactivity causes a particular loss raises issues of law, fact and hypothesis. The law serves to define the relevant duty, and the steps which that duty required these defendants to take is ascertained by the application of those legal principles to the relevant factual background including, importantly, the particular knowledge, experience and skill which each of Monuza and Zaurian actually had.

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Legislation
  • Fraud Act 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ... ... in the Theft Act 1968 (c. 60)— ... any restriction on the meaning of deposit which arises from the identity of the person making it is to be disregarded ... ...
  • Sentencing Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... hostility related to transgender identity. This is ... is treated by section 137 as resulting from an offence under the Theft Act 1968 or Fraud Act 2006, or ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
  • Criminal Procedure (Scotland) Act 1887
    • UK Non-devolved
    • 1 de Enero de 1887
    ... ... shillings of money, the same having been dishonestly appropriated by theft or robbery ... You did utter as genuine a bill, on which ... ...
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Books & Journal Articles
  • Identity theft vulnerability
    • No. 13-2, May 2009
    • Theoretical Criminology
    • 0000
    Under the rubric of neoliberalism, the governance of populations occurs through new technologies and techniques of social control. Contemporary neoliberal discourses of crime control, in particular...
  • Identifying Identity Theft
    • No. 78-6, December 2014
    • Journal of Criminal Law, The
    • 0000
  • Online identity theft – an Indian perspective
    • No. 18-3, July 2011
    • Journal of Financial Crime
    • 235-246
    Purpose: Today almost all businesses are connected online and net banking has becoming a buzzword. The concept of identity theft which was more known in the Western world is making its presence fel...
  • Identity theft complaints: exploring the state‐level correlates
    • No. 15-3, July 2008
    • Journal of Financial Crime
    • 295-307
    Purpose: Identity theft is an emerging form of criminal behavior, with complaints about the behavior rising. However, little research has explored the correlates of these complaints, especially sta...
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Law Firm Commentaries
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