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Photographers Rights And The Law In The UK
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Litigation Costs
Lord Justice Jackson impressive judge, impressive report
Significant reforms should be introduced to prevent litigation costs from
spiralling, Lord Justice Jackson announced this week as he unveiled his
long-awaited review into the cost of civil litigation.
Jackson LJ who spent a year reviewing rising civil litigation costs, has
outlined a series of proposals aimed at increasing competition and thereby
reducing fees.
The key recommendations include:
* Success fees and after-the-event insurance premiums should cease to be
recoverable in conditional fee arrangements (CFAs)
* Success fees in CFAs should be capped at 25 per cent of damages and awards of
general damages raised by 10 per cent
* The use of referral fees should be banned
* A contingency fee model should be introduced, but these must be properly
regulated and an independent lawyer should advise on what structure it will take
* Judges, litigators and barristers should receive training on costs budgeting
* A standard costs management procedure should be established
* Increased judicial responsibility for controlling costs
The reforms will hit personal injury practitioners hard, but could also be
applied to clinical negligence, judicial review and defamation claims.
“Access to justice is important not only for claimants who have valid claims,
but also for defendants who have a valid defence,” Jackson LJ said.
Big ticket litigation will be largely unaffected, although Jackson LJ proposed
that disclosure in large commercial cases should be conducted on a ‘menu’ basis.
Lord Chief Justice Lord Judge and Master of the Rolls Lord Neuberger have given
their full backing to the Jackson report. Commentators are saying that this
excellent report will secure his future in the highest echelons of the
judiciary.
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Lawyers in Henley on Thames
File Sharing May
Not be Illegal
The first, and may be
the last trial for file sharing ended in acquittal this week.
Prosecutors were unable to establish
when downloading music breaks the law. They may never be able to, even
with proposed new legislation.
Alan Ellis, 26, ran Oink, one of the world’s largest music sharing
websites, but Teesside Crown Court cleared him of conspiracy to defraud.
Ellis received £11,000 a month in donations from people using the site.
Oink had almost 200,000 members and facilitated the download of 21m music
files between 2004 and 2007. Mr Ellis, a software engineer told the court
he had no intention to defraud copyright holders, and he had developed the
site to brush up on his computer skills. The prosecution was unable to
show that Mr Ellis knew he was infringing copyright.
Prosecuting individuals who have downloaded just a few music files is
costly and generates a lot of negative publicity for music companies. To
prosecute successfully people who run file-sharing sites is all but
impossible because there is no copyright violation; they do not hold any
of the music files themselves, just the software.
Under the Digital Economy bill, internet service providers could be
required to cut off web access from customers downloading large amounts of
material illegally in the unlikely event that they were able to prove
illegal downloading.
Judges at the European Court of
Human Rights on Tuesday found that the use of anti-terror laws to stop and
search people without grounds for suspicion was a breach of their human
rights.
The ruling was in response to case brought by two people who were searched
by police near an arms fair in London’s Docklands in 2003. Their case
challenged the police’s right to conduct searches under Section 44 of the
Terrorism Act 2000.
But police insisted they would ignore the ruling and that the use of
Section 44 would remain in force “in specified locations across London”
including major landmarks and “crowded places”.
And Home Secretary Alan Johnson said the government would appeal against
the ruling.
“The threat remains real and serious, and stop and search can deter and
disrupt terrorist activity and create a hostile environment for
terrorists. Protecting the public remains our priority.”
The Conservatives on Wednesday said they would seek to ban the
indiscriminate use of counter-terrorism laws by police.
In a unanimous ruling, seven judges said the searches could cause
“humiliation and embarrassment” and breached the complainants’ right to
respect for their private life under Article 8 of the European Convention
on Human Rights.
Journalist Pennie Quinton, 38, and protestor Kevin Gillan, 32, brought the
case to the European court after being stopped and searched by police in
September 2003 on their way to a demonstration near an arms fair held in
east London.
Quinton, who is a journalist, was ordered to stop filming in spite of the
fact that she showed her press card, and Gillan was wearing a rucksack and
riding a bicycle when he was stopped on his way to the demonstration.
Between 2004 and 2008 the number of searches recorded by the Ministry of
Justice went from around 33,000 to over 117,000, it said.
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purposes and therefore maybe a few weeks old.
