Backbytes

D’ya nard ‘er? Notwithstanding my comments in the last issue, reader, I acquired one. An HP Jornada 568 that is, following Neil Cameron’s tempting review in issue vol 13, issue 1. A tribute to the power of the media. Despite its present lack of Internet connectivity, it is now my ‘preferred mobile solution’. It updates…

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Letter to the Editor

A small error crept into the last paragraph of Michael Hirst’s otherwise useful article on Cyberobscenity and jurisdiction. (I was the defence expert in Waddon and consulted though not instructed in Perrin.) The strict liability offence for possession of child pornography is in fact s160 Criminal Justice Act 1988 not the Criminal Justice and Public…

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Claims for Wasted Management Time in IT Implementation Disputes

The Holman case has once again highlighted the risk of claims against suppliers for wasted management time in IT implementation disputes. Tim Strong, partner in the IT dispute resolution team at Barlow Lyde & Gilbert, reviews the development of claims of this nature, taking a look at some of the general principles applied by the courts in assessing damages….

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Electronic Disclosure – The Way Ahead

Over the last century, apart from direct testimony, paper evidence has been the most compelling form of evidence in trying criminal and civil cases. However, with the advent of computers and information technology the dependence on paper documents as the major source of evidence, other than testimony, is changing. The real question, say Chris O’Reilly (Director of International Litigation Support at LDM) and Jason Derting (who owns Pacific Legal), is whether the legal community has kept pace with the phenomenal growth in computer technology and whether it is aware of the significance of computer-generated data in the disclosure process….

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Service Contracts: New Forms of Liability

Little has been made in the IT law world of some recent case-law that has nonetheless caused great controversy in the ordinary law of contract. Richard Stephens of Masons looks at some aspects of this law and notes how it could apply in particular to outsourcing contracts (or indeed to any other service contract). Of concern also is the impact on words and phrases commonly used in drafting limits and exclusions of liability…

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Businessam

Laura Gordon of Boyds gives an account of the recent Scottish case of Bonnier Media v Greg Lloyd Smith. The case concerned an international trading name dispute and the use of a domain name. She also looks at the latest developments in the tale and the case’s implications….

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