UK Court of Appeal Civil (Find Case Law)

RTM v Bonne Terre Limited - Cookie Consent Appeal

The Court of Appeal allowed SBG's appeal against Collins Rice J's decision that RTM had not given legally operative consent for cookies, data processing, and direct marketing. The trial judge had found consent invalid based on RTM's gambling addiction and reduced autonomy affecting his subjective state of mind. The Court of Appeal (Warby LJ) held this approach was legally wrong: consent is an entirely objective test. A data controller need not prove what was in the data subject's mind; it must only show an identifiable communication (such as ticking a box) that objectively signifies agreement, assessed against the four statutory criteria (freely given, specific, informed, unambiguous). The ICO intervened supporting SBG's position.

Sharon O'Brien v HM Assistant Coroner - Coronial Scope Decision

The Court of Appeal allowed Sharon O'Brien's appeal against the restriction of a coronial inquest scope into the death of Linda O'Brien. Lord Justice Edis found the coroner erred in limiting the investigation to events of 8-9 May 2020 only, without properly considering whether earlier events involving Merseyside Police conduct required investigation. The court found the coroner prematurely decided there was no causative connection between police acts/omissions and the death. IOPC investigated the matter, and witness statements describe a history of domestic abuse, a restraining order against Alan McMahon, and police failures to act on breach of that order on 7 April 2020.

Ocean One Hundred Ltd v New Forest National Park Authority CLEUD Revocation Appeal

The Court of Appeal dismissed an appeal by Ocean One Hundred Ltd challenging the revocation of a Certificate of Lawfulness of Existing Use or Development (CLEUD) issued by the New Forest National Park Authority in 2008. The NPA revoked the CLEUD on 7 November 2023 under s.193(7) of the Town and Country Planning Act 1990, citing that a statement was made which was false in a material particular or that material information was withheld when the original certificate was applied for. The appellant limited its appeal to alleged apparent bias by NPA officer Mr Steven Avery, abandoning other grounds including bias claims against Professor Parker. The court upheld the High Court's rejection of the challenge, finding no merit in the apparent bias allegation.