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Law digests: 30 June 2023

30 June 2023
Issue: 8031 / Categories: Case law , In Court , Law digest
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Data protection

R (on the application of the3million and another) v Secretary of State for the Home Department and others [2023] EWHC 713 (Admin), [2023] All ER (D) 15 (Apr)

The Administrative Court ruled on the legality of statutory restrictions on data protection rights in the context of immigration control. The judicial review was a challenge to the government’s second attempt to produce an immigration exemption from the UK’s General Data Protection Regulation (the UK GDPR), which was the retained version of the EU’s GDPR (Regulation 2016/679), with certain amendments. The claimants contended that, following the first judicial review in which the government’s initial attempt to produce an immigration exemption had failed, the exemption still did not meet the requirement of being a ‘legislative measure’, necessary for compliance with Art 23 of the UK GDPR; and/or that the immigration exemption still did not comply with the mandatory requirements in Art 23(2) of the UK GDPR, because it omitted necessary substantive and procedural safeguards. The court allowed the claim, in part, ruling that: (i) overall, the basic structural requirements of the

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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