Legal News Round Up – November 2014

Theme: Aviation Industry

Case:
‘Air Freight’ Case 2010 – decision dispute

Area:
Competition Law

What to Note:

  • British Airways’ effort to have the European Commission decision from the ‘Air Freight’ case redacted was rejected. (The case regarded the EC finding a number of airlines to have colluded to fix fuel and security surcharges.)
  • The judge has said he does not want the ‘relaxed attitude of the EC delaying proceedings further’.

Case/Topic:

First legal proceeding filed over Malaysian Airline

Area:
Contract Law & Tort of Negligence

What to Note:

  • Two sons of a passenger on board the MH370 flight that went missing have filed a lawsuit against the civil aviation department for negligence in failing to contact the missing aircraft within a reasonable amount of time after its disappearance.
  • They are also suing the carrier for breach of contract for failure to take all appropriate safety measures for a safe flight.
  • If this case is successful it could open the floodgates for litigation by the families of those lost on the flight.

Theme: EU Fights Back at Cyber Security Threats

Case/Topic:
Pirate Bay Founder Gottfrid Warg faces prison

Area:
Information security

What to Note:

  • Gottfrid Warg is found guilty of hacking into the CSC web server and gross damage.
  • Judge Kari Sorensen has said ‘It is an aggravating circumstance in this case that you have gained access to public records.’
  • ‘Hacker attack is systematic and organized nature. Therefore, it is an accomplished criminal offense.’

Case/Topic:
European Union Agency for Network and Information Security (ENISA) cyber-security training

Area:
Information security

What to Note:

  • ENISA’s latest Threat Landscape report has highlighted the current issue that global cyber-attacks have increased from 2012 to 2013 by as much as 25%. Data breaches have increased by 61 per cent.
  • ENISA says this is the most complex and large-scale event concerning this issue to have ever been launched in Europe. They are dealing with over 2,000 separate occurrences of compromised cyber security.

Theme: Is change being embraced within the UK legal landscape?

Case/Topic:
Digital Law UK

Area:
Online law firm

What to Note:

  • A new law firm has been established which offers data protection, copyright, social media and freedom of information legal services.
  • It is the first firm of its kind to operate purely through Skype meetings and work paperless.

Case/Topic:
Judicial Review Against the Government up by 92% since 2010.

Area:
Judicial Review

What to Note:

  • Justice minister Lord Faulks said that whilst many judicial reviews have ben brought in good faith, much of the increase is driven by immigration cases.
  • The Ministry of Justice has said they are ensuring the judicial review system is not ‘abused’ by people wishing to create publicity for a particular cause.
  • Shadow justice minister Andy Slaughter the figures relating to judicial review show a ‘disregard for the rule of law’ & highlight the ‘controversial nature of decision-making’.
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