Hacking meaning

Various Claimants v News Group Newspapers Ltd [2024] EWHC 902 (Ch) What are the practical implications of this case? This notable judgment examines when it is right to direct a trial of a preliminary issue before the main hearing. The court emphasised that limitation issues are often apt for early determination, and warned that if such questions are left to be decided only at the final trial, the policy basis of limitation law would be weakened. It also confirms that the governing approach to ordering a preliminary issue trial lies in the ten factors identified by Neuberger J in Steele v Steele [2001] CP Rep 106 (not reported by LexisNexis®UK). In brief, while limitation is frequently suitable for preliminary resolution, the court must still apply those factors when deciding whether a discrete issue should be tried first...

In this issue: Data protection Financial sanctions AML, CTF & counter-proliferation financing Other financial crime Cybersecurity Other Risk & Compliance updates this week Daily and weekly news alerts New and updated content Data protection EDPB adopts report with recommendations to strengthen role of DPOs The European Data Protection Board has approved a report presenting outcomes from its second co‑ordinated enforcement exercise, centred on the appointment and status of Data Protection Officers (DPOs). It highlights barriers DPOs face—such as non‑appointment and inadequate resourcing—and sets out recommendations to reinforce their independence and ensure access to the resources they need. See: LNB News 18/01/2024 22. EDPB publishes case digest on security of processing and data breach notification The European Data Protection Board has issued a one‑stop‑shop case digest on security of processing and data breach notification under Article 32 and Articles 33 and 34 of Regulation (EU) 2016/679 (EU GDPR). The digest sheds light...

The King’s youngest son has settled his claim against News Group Newspapers Ltd., the company behind The Sun and the now-defunct News of the World, which closed in 2011, just a day before a High Court trial over alleged privacy breaches by unlawful means was set to commence. Labour peer Tom Watson, who had also been suing the publisher, alleging he was targeted while a junior minister, likewise reached a settlement in his own case. In a statement delivered in court by Prince Harry’s counsel, David Sherborne of 5RB, News Group extended to the royal a ‘full and unequivocal apology’ for the serious intrusions into his private life, ‘including instances of unlawful activity carried out by private investigators acting for The Sun’. The publisher has agreed to pay ‘substantial damages’, Sherborne confirmed. News Group further apologised for the ‘phone-hacking, surveillance and misuse of private information’ by the News of the World, together with the damaging and lasting effect on Prince Harry personally of the ‘serious intrusion into his...

Court of Appeal—professional negligence ARCHIVED : This Practice Note has been archived and is not maintained. The Court of Appeal upheld an appeal in a claim against solicitors, holding that the loss of a chance head of damage was too remote. At first instance, the judge concluded that Lewis Silkin LLP had fallen below the required standard by not advising their client to include a jurisdiction provision in his employment agreement with a franchisee involved in the Indian Premier League’s Twenty20 competition. Because no jurisdiction clause appeared in the contract, when the client later issued proceedings against the franchisee over a severance entitlement, he faced jurisdictional challenges (ultimately dismissed) brought by the franchisee, which postponed his obtaining judgment for £10 million in severance. The client’s case was that, with proper advice on jurisdiction, the contract would have contained an exclusive jurisdiction clause. On that footing, he said, he would have secured judgment for the severance sum sooner (as there would have been no hold‑ups arising from jurisdiction objections) and...

The tort of misuse of private information The tort of misuse of private information centres on protecting human autonomy and dignity—the ability to control how details of one’s private life are shared, and the claim to others’ esteem and respect (Campbell v MGN). Commonly, as in Campbell, the only alleged ‘misuse’ is the unlawful publication, or threatened publication, of personal information to the world at large. The alleged wrongdoer is frequently a media organisation and/or an individual seeking disclosure through the media. A claim may nevertheless be brought where material is circulated more narrowly, if that would unjustifiably interfere with the claimant’s right to respect for private life under article 8 of Part I of Schedule I to the Human Rights Act 1998 (HRA 1998), which gives effect to rights contained in the European Convention on Human Rights (ECHR). The tort is not confined to publication alone, as the so‑called ‘phone hacking’ litigation showed. In those actions by various individuals against news organisations, part of the complaint was the...

ARCHIVED: This Practice Note has been archived and is not maintained Keeping abreast of case law that shapes a practitioner’s specialism, or influences civil litigation procedure generally, is a persistent challenge for those working in dispute resolution. This Practice Note distils the leading appeal authorities—decisions of the Court of Appeal and Supreme Court, and, where relevant, selected judgments of the Court of Justice of the European Union (CJEU)—that we have reported, giving users straightforward access to those rulings. Use the table of contents in the left margin to browse, or locate items quickly with [CTRL]+[F]. It also sets out a selection of forthcoming appeals, where known, to aid horizon scanning. The material is not intended to be a comprehensive catalogue of every appeal and/or significant decision for dispute resolution practitioners. Key forthcoming appeal cases—2019 Terminating contracts—frustration Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 921 (Ch)—Court of Appeal: permission to appeal granted in the lower court...

Quarter 1—Confidential information This quarter’s pointers and reminders focus on carefully managing confidential information. For more detailed guidance, please refer to the following resources and policies: [ insert, eg Clear desk and clear screen policy ] [ insert, eg Remote working and removable media policy ] [ insert, eg Cybercrime prevention strategy and incident management plan ] [ insert, eg Confidentiality and disclosure policy ] [ insert, eg Information management and security policy ] [ insert, eg Internet, email and communications policy ] [ insert, eg Bring your own device (BYOD) policy ] [ insert, eg Generative AI policy ] Month 1—Think ‘secure’ You handle significant and sensitive work. We all share a responsibility to ensure it remains protected and confidential. Always remember to lock your computer or any device when it’s not in use. Doing so helps to safeguard devices and keeps those vital matters confidential. For more details, see our...

Threat Advanced persistent threat (APT) What is it? Attackers obtain unauthorised access to a system and remain concealed for extended periods, potentially moving sensitive data without permission. Even once spotted, they may leave several backdoors so they can return. Our defensive measures We ensure users understand the risk and follow basic account security practices. We use firewalls to monitor and filter traffic. We use antivirus software. Botnet What is it? A group of infected computers remotely controlled by a hacker, who can share or sell access to other cyber criminals to send spam or overwhelm a system. Our defensive measures See Malware and Hacking Chain letter What is it? An email that pushes recipients to forward it to others. Not a security threat, but it wastes time and can slow email servers. Our defensive measures We advise users not to forward chain letters or hoaxes. We...