On Fri, Jan 16, 2004 at 04:22:09PM -0000, Hubert, Paul [STU] wrote:
> An alternative view is that the Court of Appeal lost the plot and if
> Durant isn't appealed another case will need to go to the CA so it can
> find a nice way of changing its mind.
Unfortunately the Court of Appeal isn't really allowed to change its
mind; its past decisions are binding on itself. This decision would now
have to be overturned by the House of Lords.
That means the case would need to be taken by someone with really deep
pockets, and as these cases almost always, by definition, come down to
lone individual vs large organisation, I'm skeptical of that happening,
unless a privacy group or the like decides to fund a test case.
Tony
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|