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

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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