To register or not to register? That is the question tormenting many a soliliquising cyberDane, and many IP brand owners too. Dawn Osborne and Steve Palmer of Willoughby & Partners offer some criteria for decision and point to a useful strategy….
Those who have dealt with a failed systems development project know that the complex legal and factual issues that arise represent a veritable ‘dripping roast’ for dispute lawyers. Coupled with the advent of the new Civil Procedure Rules in 1999, it is little wonder that dispute resolution clauses in IT contracts have become ever more prescriptive. We now often find disputes being categorised into technical, legal or commercial issues and to each is then applied an escalating range of medicines, from meetings between executives, to mediation, litigation or more and more frequently expert determination. Tim Toomey of v-lex questions this extended use of expert determination….
Read More… from Expert Determination – A Wolf in Sheep’s Clothing?
In the August/September edition of Computers & Law, Amanda Kearsley and Nick Rudgard explored the difficulties of reconciling the principles of disclosure under the Civil Procedure Rules (CPR) and the disclosure of personal data under the Data Protection Act 1998 (DPA) arising from the case of Totalise plc v The Motley Fool Limited and Interactive Investor Limited (2001) P&T 764. In December 2001, the Court of Appeal overturned the costs order made at the original hearing and set out the principles for the future. The new approach will have a significant impact on the position of organisations, such as Web site operators, from whom disclosures of information may be sought. This article reviews that approach….
This is an extract from the speech of Lord Goldsmith QC, the Attorney-General, at the SCL Award ceremony on 21 January….
Can the legal system operate in new, innovative ways capitalising on what new technology has to offer? This is an abridged and edited version of Lord Justice Brooke’s speech at the Foundation for Science and Technology in December….
Read More… from Can Technology Transform the Judicial System?
Is the Government’s commitment to broadband real? Anneliese Reinhold from Kemp Little looks at two case studies, and wonders….
Emily Wiewiorka discusses the legislative anomalies facing account aggregators in the UK….
What makes a Web site ‘state of the art’? The dictionary definition doesn’t help much as state of the art equates to phrases like ‘up to the minute’ and ‘the latest and therefore the best’….
Whilst there are parallels to be drawn between UK and US law, you can get into very hot water if you rely too heavily on one as an exposition of the other….
Richard Morgan looks at the effects of the ending of the transitional period and concludes that it is a less cataclysmic event than is sometimes suggested….
Read More… from Doors to Manual: The Ending of the Data Protection’s First Transitional Period