Jonathan,

Thank you for the case names.
Having quickly read the first 
one:-
http://www.bailii.org/uk/cases/UKHL/2001/1.htmlit seems to me that 
Lord Hobhouses opinion (although longer) contains many really useful 
observations.

For some reason it reminds me of Durrant.

Ian W

> -----
Original Message-----
> From: Baines, Jonathan [mailto:[log in to unmask]
gov.uk] 
> Sent: 05 April 2011 10:34
> To: Ian Welton; data-
[log in to unmask]
> Subject: RE: [data-protection] Wilful 
blindness
> 
> 
> Ian
> 
> I think "Nelsonian Knowledge" is sometimes 
used as a 
> comparable term. See Lord Scott in Manifest Shipping 
Company 
> Limited v. Uni-Polaris Shipping Company Limited and Others 

> [2001] UKHL 1:
> 
> '"Blind-eye" knowledge approximates to knowledge. 
Nelson at 
> the battle of Copenhagen made a deliberate decision to 
place 
> the telescope to his blind eye in order to avoid seeing what 

> he knew he would see if he placed it to his good eye. It is, 
> I 
think, common ground - and if it is not, it should be - 
> that an 
imputation of blind-eye knowledge requires an amalgam 
> of suspicion 
that certain facts may exist and a decision to 
> refrain from taking 
any step to confirm their existence. Lord 
> Blackburn in Jones v. 
Gordon (1877) 2 App Cas 616, 629 
> distinguished a person who was 
"honestly blundering and 
> careless" from a person who "refrained from 
asking questions, 
> not because he was an honest blunderer or a stupid 
man, but 
> because he thought in his own secret mind - I suspect 
there 
> is something wrong, and if I ask questions and make farther 
> 
inquiry, it will no longer be my suspecting it, but my 
> knowing it, 
and then I shall not be able to recover". Lord 
> Blackburn added "I 
think that is dishonesty".'  
> 
> Jonathan Baines
> Legal and 
Democratic Services
> Buckinghamshire County Council
> 01296 383681
> 

> 
> -----Original Message-----
> From: This list is for those 
interested in Data Protection 
> issues [mailto:data-
[log in to unmask]] On Behalf Of Ian Welton
> Sent: Tuesday 05 
April 2011 10:15
> To: [log in to unmask]
> Subject: [data-
protection] Wilful blindness
> 
> Is anybody in the group able to 
advise if the legal concept 
> of 'wilful blindness' is available, and 
useable, within the 
> UK legal system?
> 
> My
> reason for enquiring 
is a reading of:-
> 
> https://theweekinethics.wordpress.com/2011/04/05/the-week-in-e> 
thics-the-ethics-of-willful-blindness/
> 
> which brought back many 
memories of work in the data protection area.
> 
> 
> Whilst this legal 
concept is available by other means in the 
> public sector, the one 
above would seem to have a wider coverage.
> 
> Ian W
> 
> 
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