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An appeal by BT and TalkTalk regarding measures to tackle copyright infringement online, a rapidly growing issue, has been rejected in the Court of Appeal. The ISPs (Internet Service Providers) challenged the provisions of the Act stating that they were incompatible with EU law, including the E-commerce directive. The decision rested on some key technical issues regarding the construction of legislation.
Under the Act ISPs will be required to send warning notifications and potentially cut off alleged illegal file downloader’s services, raising concerns regarding privacy and costs of this obligation on the providers, however the Court stated that ISPs would not be liable for case fees in relation to subscriber appeals. They will now have to consider how to deal with the implementation of this Act and its provisions and the effect it may have on their customers.
It is likely that the parties will seek leave to appeal the decision and flowing from this the promised Initial Obligations Code for ISPs will probably suffer further delays while this matter plays out.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
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In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.
Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.
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