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Durant V Financial Services Authority
is a judicial decision of the English Court of Appeal in relation to the provisions of the Data Protection Act 1998. The case is one of the leading appellate decisions in relation to the application of that Act. Facts Mr Durant had been a customer of Barclays Bank Barclays () is a British multinational universal bank, headquartered in London, England. Barclays operates as two divisions, Barclays UK and Barclays International, supported by a service company, Barclays Execution Services. Barclays traces .... There was litigation between Mr Durant and the bank in 1993, which he lost. Subsequently, he has sought disclosure of various records in connection with the dispute giving rise to that litigation, records which, the Court of Appeal recorded "he believes may assist him to re-open his claims against it and/or to secure an investigation of its conduct". In about July or August 2000, he sought the assistance of the Financial Services Authority (the "FSA") to obtain t ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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Robin Auld
Sir Robin Ernest Auld, (born 19 July 1937) is a former Lord Justice of Appeal in the Court of Appeal of England and Wales. Early life and career Born in Staines to Adelaide ( Mackie) and Ernest Auld, a toolmaker who later became a publican, Robin Auld failed the eleven-plus exam and went to Brooklands College, a technical college. Later he won a State Scholarship to study for a law degree at King's College London; he worked as a long distance lorry driver, baker's assistant and navvy on roadworks in the vacations, gaining an HGV lorry driver's licence and a qualification in bread baking. He graduated with first-class honours in Law in 1958. He had intended to be a country solicitor, but when faced with a premium of 400 guineas to train with a law firm decided for an academic career instead, and was awarded a PhD in Law from King's College in 1963. He won a scholarship to train for the bar, and was called to the bar in Gray's Inn in 1959, placed first in order of meri ...
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John Mummery
Sir John Frank Mummery, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and a member of the Court of Ecclesiastical Causes Reserved in the UK. Education Mummery attended Dover Grammar School for Boys between 1949 and 1957 and then Pembroke College, Oxford. Legal career Mummery was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1985. He was a Junior Treasury Counsel (charity matters 1977–1981; chancery matters 1981–1989). By the 1970s he was known as a copyright barrister, being consulted on matters such as Led Zeppelin's '' Black Mountain Side'' and its relation to Bert Jansch's version of ''Down by Blackwaterside.'' He also represented Apple Corps in efforts to stop the distribution of recordings of ''The Beatles in Hamburg''. He was appointed a recorder in 1989 before being appointed a High Court judge on 4 October the same year. He was assigned to the Chancery Division and received ...
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Richard Buxton (judge)
Sir Richard Joseph Buxton, PC (born 13 July 1938) is a British judge and former Lord Justice of Appeal. He was appointed to the High Court of Justice on 11 January 1994, serving in the Queen's Bench Division. He was subsequently appointed to the Court of Appeal of England and Wales on 1 October 1997. He retired on 30 September 2008. From 19 May 1991 to 4 November 1996 he was a director of the Blenheim Court Residents Company (Woodstock). He was also a director of The Incorporated Council of Law Reporting for England and Wales from 20 September 1993 to 7 July 2008. He is an honorary member of the Society of Legal Scholars and an honorary fellow of Exeter College, Oxford. Legal cases In April 2011 he ruled on a dispute between the Catholic Church and the parents of Cardinal Vaughan Memorial School. He criticised both parties for failing to resolve the issues between themselves and for bringing a case that was a drain on public resources. In December 2011 he refused an applicatio ...
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Data Protection Act 1998
The Data Protection Act 1998 (DPA, c. 29) was an Act of Parliament of the United Kingdom designed to protect personal data stored on Computer, computers or in an organised paper filing system. It enacted provisions from the European Union (EU) Data Protection Directive 1995 on the protection, processing, and movement of data. Under the 1998 DPA, individuals had legal rights to control information about themselves. Most of the Act did not apply to domestic use,''Data Protection Act 1998''Part IV (Exemptions), Section 36, Office of Public Sector Information, accessed 6 September 2007 such as keeping a personal address book. Anyone holding personal data for other purposes was legally obliged to comply with this Act, subject to some exemptions. The Act defined eight data protection principles to ensure that information was processed lawfully. It was superseded by the Data Protection Act 2018 (DPA 2018) on 23 May 2018. The DPA 2018 supplements the EU General Data Protection Regulation ...
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Barclays Bank
Barclays () is a British multinational universal bank, headquartered in London, England. Barclays operates as two divisions, Barclays UK and Barclays International, supported by a service company, Barclays Execution Services. Barclays traces its origins to the goldsmith banking business established in the City of London in 1690. James Barclay became a partner in the business in 1736. In 1896, twelve banks in London and the English provinces, including Goslings Bank, Backhouse's Bank and Gurney's Bank, Gurney, Peckover and Company, united as a joint-stock company, joint-stock bank under the name Barclays and Co. Over the following decades, Barclays expanded to become a nationwide bank. In 1967, Barclays deployed the world's first Automated teller machine, cash dispenser. Barclays has made numerous corporate acquisitions, including of London, Provincial and South Western Bank in 1918, British Linen Bank in 1919, Mercantile Credit in 1975, the Woolwich in 2000 and the North Americ ...
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Financial Services Authority
The Financial Services Authority (FSA) was a quasi-judicial body accountable for the financial regulation, regulation of the financial services industry in the United Kingdom between 2001 and 2013. It was founded as the Securities and Investments Board (SIB) in 1985. Its board was appointed by the HM Treasury, Treasury, although it operated independently of government. It was structured as a company limited by guarantee and was funded entirely by fees charged to the financial services industry. Due to perceived regulatory failure of the banks during the financial crisis of 2007–2008, the Cameron–Clegg coalition, UK government decided to restructure financial regulation and abolish the FSA. On 19 December 2012, the ''Financial Services Act 2012'' received royal assent, abolishing the FSA with effect from 1 April 2013. Its responsibilities were then split between two new agencies: the Financial Conduct Authority and the Prudential Regulation Authority (United Kingdom), Prudent ...
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Banking Act 1987
A bank is a financial institution that accepts deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital markets. Because banks play an important role in financial stability and the economy of a country, most jurisdictions exercise a high degree of regulation over banks. Most countries have institutionalized a system known as fractional reserve banking, under which banks hold liquid assets equal to only a portion of their current liabilities. In addition to other regulations intended to ensure liquidity, banks are generally subject to minimum capital requirements based on an international set of capital standards, the Basel Accords. Banking in its modern sense evolved in the fourteenth century in the prosperous cities of Renaissance Italy but in many ways functioned as a continuation of ideas and concepts of credit and lending that had their roots in the ...
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Ward LJ
Sir Alan Hylton Ward (born 15 February 1938) is a former judge of the Court of Appeal of England and Wales. Early life and education Ward was born and raised in South Africa and practised as an Attorney of the Supreme Court (solicitor), occasionally being instructed by Nelson Mandela and Oliver Tambo. In 1961, he moved to England to take a second degree, reading law at Cambridge. Legal career He was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1988, and was made a Queen's Counsel in 1984. Ward was appointed a High Court judge on 5 October 1988. He was assigned to the Family Division and given the customary knighthood. On 13 February 1995, he was appointed a Lord Justice of Appeal. He reached mandatory retirement on 15 February 2013. Notable rulings Separating conjoined twins In 2000, Ward, together with Lord Justice Brooke and Lord Justice Walker (now Lord Walker of Gestingthorpe) made the decision to separate conjoined twins Gracie and Rosie Attard, refu ...
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Data Protection Directive
The Data Protection Directive, officially Directive 95/46/EC, enacted in October 1995, is a European Union directive which regulates the processing of personal data within the European Union (EU) and the free movement of such data. The Data Protection Directive is an important component of EU privacy and human rights law. The principles set out in the Data Protection Directive are aimed at the protection of fundamental rights and freedoms in the processing of personal data. The General Data Protection Regulation, adopted in April 2016, superseded the Data Protection Directive and became enforceable on 25 May 2018. Context The right to privacy is a highly developed area of law in Europe. All the member states of the Council of Europe (CoE) are also signatories of the European Convention on Human Rights (ECHR). Article 8 of the ECHR provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions. The European Cour ...
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2003 In Case Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ...
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2003 In British Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ...
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