Copyright in Photographs – Pablo Star Media Ltd v Bowen – NIPC Law

‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the VisitWales.com website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’

Full Story

NIPC Law, 15th October 2017

Source: nipclaw.blogspot.co.uk

Brexit and the Irish Bar – Brexit Law

‘The Brexit vote has opened a Pandora’s box of uncertainties for UK lawyers, not least the issue of how leaving will affect their rights to practise in the EU.’

Full Story

Brexit Law, 6th October 2017

Source: brexit.law

British courts may unlock secrets of how Trump campaign profiled US voters – The Guardian

Posted October 2nd, 2017 in data protection, foreign jurisdictions, internet, news, privacy by sally

‘Legal mechanism may help academic expose how Big Data firms like Cambridge Analytica and Facebook get their information.’

Full Story

The Guardian, 1st October 2017

Source: www.theguardian.com

Crime agency admits acting illegally in death penalty case – Law Society’s Gazette

‘The National Crime Agency (NCA) has admitted acting unlawfully in assisting Thai police investigate, arrest and convict two Burmese men sentenced to death for the murder of two British backpackers. Campaigners against the death penalty said the disclosure raises questions about the UK cooperation with authorities in countries with dubious human rights records.’

Full Story

Law Society's Gazette, 30th August 2017

Source: www.lawgazette.co.uk

UK police broke law in case of British backpackers murdered in Thailand – The Guardian

‘The National Crime Agency in the UK has been forced to admit it acted unlawfully when it gave information to Thai police that helped send two men to death row for murdering two British backpackers.’

Full Story

The Guardian, 29th August 2017

Source: www.theguardian.com

Litigators evenly split on impact of Brexit – Litigation Futures

‘Litigation lawyers in London are fairly evenly split on whether Brexit will lead to a “significant flight of work” to other jurisdictions, a survey has found.’

Full Story

Litigation Futures, 31st July 2017

Source: www.litigationfutures.com

Paedophile who encouraged abuse of boy in America jailed – Crown Prosecution Service

‘A paedophile who encouraged the abuse of a young boy in America from his computer in Wales has been jailed today (July 12).’

Full Story

Crown Prosecution Service, 12th July 2017

Source: www.cps.gov.uk

Nicholas Goodfellow on Challenging the Enforcement of Foreign Arbitral Awards – Littleton Chambers

‘The Commercial Court has recently considered the principles relating to the refusal to enforce a foreign arbitral award on grounds of fraud: Stati and others v The Republic of Kazakhstan [2017] EWHC 1348 (Comm), a decision of Knowles J, writes Nicholas Goodfellow.’

Full Story

Littleton Chambers, 19th June 2017

Source: www.littletonchambers.com

The UK Jurisdictions After 2019 – Sir Geoffrey Vos, Chancellor of the High Court

The UK Jurisdictions After 2019 (PDF)

Sir Geoffrey Vos, Chancellor of the High Court

Lecture to the Faculty of Advocates, 20th June 2017

Source: www.judiciary.gov.uk

Rise in anti money laundering inquiries poses challenge for banks, says expert – OUT-LAW.com

‘Requests from foreign authorities for the UK’s assistance in anti money laundering (AML) investigations rose last year to record levels.’

Full Story

OUT-LAW.com, 12th June 2017

Source: www.out-law.com

Implementing the GDPR in the UK: lessons from Germany? – Panopticon

Posted May 10th, 2017 in data protection, EC law, foreign jurisdictions, news, regulations by sally

‘As we all know, the GDPR is all about the harmonisation of data protection across Europe – hence its form as a regulation (directly effective) rather than a directive (domestic implementing legislation needed). Yes, but: the GDPR leaves an awful lot to member states to implement. For example: exemptions to data subjects’ rights, mechanisms for reconciling data protection and freedom of expression, and the machinery of enforcement by supervisory authorities. Until we have domestic implementing legislation, we can’t fully understand how data protection will work after 25 May 2018.’

Full story

Panopticon, 9th May 2017

Source: www.panopticonblog.com

Robert Hazell: Is the Fixed-term Parliaments Act a Dead Letter? – UK Constitutional Law Association

‘The ease with which Theresa May was able to secure an early dissolution last week has led to suggestions that the Fixed-term Parliaments Act 2011 serves no useful purpose and should be scrapped. Drawing on wider evidence of how fixed-term parliaments legislation works in other countries, Robert Hazell argues that there is a danger that it is being judged prematurely, on the basis of a single episode. Future circumstances in which a Prime Minister seeks a dissolution may be different, and in these cases the Fixed-term Parliaments Act may serve as more of a constraint.’

Full story

UK Constitutional Law Association, April 2017

Source: www.ukconstitutionallaw.org

Nokia and Apple patent dispute comes before High Court in London – OUT-LAW.com

‘Finnish mobile device manufacturer Nokia was due to argue that Apple has infringed one of its technology patents before the High Court in London on Friday.’

Full story

OUT-LAW.com, 7th April 2017

Source: www.out-law.com

Is CSR making a move from ‘soft law’ to ‘hard law’? – Six Pump Court

Posted April 6th, 2017 in company law, foreign jurisdictions, legislation, news by sally

‘In a bold and unprecedented move that is set to cause a ripple through the top ranks of the corporate world, the French Parliament has recently passed a law to shift what is broadly termed ‘corporate social responsibility’ onto a firm legislative footing. Although it has increased significantly in currency in recent years, with most major companies having some kind of initiative in place, CSR has remained resolutely a voluntary activity, a commitment for companies to sign up to and report on should they so wish; a moral endeavour rather than a legal obligation. ‘

Full story (PDF)

Six Pump Court, 3rd April 2017

Source: www.6pumpcourt.co.uk

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

Full story

Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Parental Alienation – learning from other jurisdictions and other disciplines – Family Law Week

Posted March 20th, 2017 in contact orders, families, foreign jurisdictions, news by tracey

‘Joanna Abrahams, Head of Family Law, Setfords, considers possible ways to overcome problems of parental alienation.’

Full story

Family Law Week, 19th March 2017

Source: www.familylawweek.co.uk

Speech by Mr Justice Singh: Divided by a common language – American and British perspectives on constitutional law – Courts and Tribunals Judiciary

‘Divided by a common language: American and British perspectives on constitutional law.’

Full speech

Courts and Tribunals Judiciary, 27th February 2017

Source: www.judiciary.gov.uk

Where in Europe a man and woman can get a civil partnership – BBC News

Posted February 23rd, 2017 in civil partnerships, foreign jurisdictions, news by sally

‘People in the UK have been wondering where in Europe opposite-sex couples can choose civil partnership over marriage after a British heterosexual couple lost their legal fight to choose civil union.’

Full story

BBC News, 22nd February 2017

Source: www.bbc.co.uk

Why pass FOI laws? The politics of freedom of information – The Constitution Unit

Posted February 22nd, 2017 in foreign jurisdictions, freedom of information, legislation, news by sally

‘Why are there now more than 100 freedom of information laws around the world, even though they help opponents and hinder governments? In a new book, published this month by Manchester University Press, Ben Worthy investigates. He concludes that the main reason is that as a symbolic pledge in opposition FOI laws are hard to resist. Once in power these promises are hard to back down from, though experience suggests that proposed laws are often watered down before being enacted. These findings are summarised here.’

Full story

The Constitution Unit, 16th February 2017

Source: www.constitution-unit.com

Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

Full story

Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk