Infringement of Copyright in Non - Fiction Works: From Luxembourg to Darlington ©
Jonathan Haydn-Williams considers three significant court decisions concerning infringement of copyright in factual or historical literary works. In the first, the European Court introduced a new test for infringement, which the second and third have blended into English law. As a result, reproducing even small extracts of news articles may amount to infringement and a headline may in itself attract copyright protection. The third case concerns the story of "Flipper", a disabled supporter of Darlington Football Club.
Bona Vacantia – A Nice Little Earner
When a company dissolves its assets are deemed "bona vacantia" and pass to the Crown. This article considers the steps to be taken if a shareholder in a dissolved company wishes to claim the company's assets for himself, what happens if the company cannot be restored to the Register of Companies and it also illustrates an unfortunate and unusual situation one of our clients recently found themselves in
Bankruptcy – Treatment of the Bankrupt’s Home
What happens to a bankrupt’s home, particularly whether the trustee in bankruptcy has a right to force a sale, is determined by the Insolvency Act 1986, the Insolvency Rules 1986 and the Enterprise Act 2002.
Personal Guarantees and Statutory Demands - A False Sense of Security?
Company directors who give personal guarantees should not be lulled into believing that they are immune from enforcement action when their company has given valid security for the same debt.
High Court Provides Guidance On Recovery Of Pre-Action Costs
A recent High Court defamation claim which was struck out as an abuse of process has considered the circumstances in which parties may be entitled to recover from their opponent legal costs incurred prior to the issue of proceedings.
After the Department of Justice intervention, will authors now decide the fate of book publishers?
Once Amazon starts to negotiate directly with authors and offer them much higher commissions than publishers, it is quite conceivable that the latter will lose their gatekeeper status in the industry – or become “disintermediated” in the jargon.
Jurisdiction, dispute resolution and governing law clauses
The time to consider these clauses properly is long before you actually need them. It is important to give some careful thought to the possible options available since if the clauses end up being required, the parties are not so likely to be amenable to one another by that stage. Read Jonathan Haydn-Williams short guide to the options available for these contractual provisions....
Pre-Action Protocol For Dilapidations Claims Adopted By Civil Procedure Rules
Landlords and tenants should be aware that a new set of rules has been adopted by Courts, effective as of 1 January 2012, which are designed to help parties manage and settle dilapidations claims without the need for litigation. Click here for a summary.
Rare Media Victory in Production Order Case
Just before Christmas, British Sky Broadcasting Limited (“Sky”) learned that it had succeeded in its application for Judicial Review of a PACE Production Order imposed upon it by Judge Paget at the Old Bailey in May 2011. The Administrative Court emphatically quashed the Production Order obtained by the Metropolitan Police Service (“MPS”).
Jury Service in the Age of Technology
Don’t let curiosity get the better of you!
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