Durant in the Court of Appeal: Identifying a better approach

Article Abstract:

The Court of Appeal's procedure in Durant v. Financial Services Authority (2003) to explain the concept of personal data has unintentionally misdirected the English Law of data protection. An approach in terms of personal data's contribution towards the identification of an individual, that is, possession of 'identificatory potential', would have been more in agreement with the wording of the Data Protection Act 1998 and the implementation of the Data Protective Directive 95/46/EC, than the approach taken by the Court, which has led to ambiguity regarding the implications of the Act.

United Kingdom, Data Processing Security, Data security, Data security issue, United Kingdom. Financial Services Authority

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ECJ 26 October 2006, case C-168-05 Mostaza Claro v. Centro Movil Milenium SL- the unfair contract terms directive: the ECJ's third intervention in domestic procedural law

Article Abstract:

The intervention of the European Court of Justice in the domestic procedural law is highlighted by using the case of claimant, Ms Mostaza Claro and the defendant, Movil, a mobile operator as an example.

Radiotelephone communications, Cellular Mobile Radio Services, Cellular and Other Wireless Telecommunications, Cellular telephone services industry, Cellular telephone services, Unfair competition (Commerce), Unfair competition, Commercial arbitration, Wireless telecommunications service, Claro, Mostaza

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The 'Werner Mangold' case: an example of legal militancy

Article Abstract:

The 'Werner Mangold' case is shown to be an illustration of how European jurisprudence with regard to legal militancy has evolved.

Interpretation and construction, Labor law, Labour law

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