Month: May 2013

Employment Tribunal Fees “Go Live” on 29 July 2013

The HM Courts and Tribunals Service has confirmed that fees will be introduced into the Employment Tribunals and Employment Appeals Tribunal on Monday 29 July 2013. A claimant will be expected to pay an issue fee upon raising a claim in the employment tribunal and a hearing fee prior to the hearing date. Subject to …   Read more

Interflora AdWords Claim Succeeds: Interflora v Marks and Spencer

On 4 April 2008 Google notified its advertiser customers of a change of policy regarding keywords corresponding to trade marks. Google had previously operated a policy in response to notifications by trade mark owners of blocking trade marks from being purchased as a keyword. Henceforth, for the UK and Ireland, third parties would be free …   Read more

*Innocent Face* Tweet was Defamatory: Lord McAlpine v Sally Bercow

In a judgment published on 24 May 2013, Mr Justice Tugendhat has found that Sally Bercow’s tweet about Lord McAlpine was defamatory of him. Facts On 2 November 2012, the BBC’s Newsnight programme broadcast a report about sexual abuse at children’s homes in Wales. One victim, Mr Messham, alleged that he had been abused at …   Read more

Photographer’s Damages £5,682 not “a few hundred pounds”: Sheldon v Daybrook House

In a case which demonstrates the potential pitfalls of using photographs posted on social networking websites (Tumblr in this case), the Patents County Court (PCC) has given a preliminary ruling on what constitutes a reasonable royalty for copyright infringement involving the unauthorised use of a celebrity photograph. The claimant (Jason Sheldon, a professional photographer) obtained …   Read more

Private Copying Extension: A Closer Look

The Government will introduce legislation permitting individuals to copy lawfully owned content (eg music on a CD) to another medium or device (eg an MP3 player) owned by that individual, for that individual’s own personal use. The Government intends that the new legislation will come into force in October of this year, and we do …   Read more

Contrasting Rulings for Post-Employment Victimisation: Onu v Akwiwu and Other

Just when the EAT ruled that post-employment victimisation was not unlawful under section 108 of the Equality Act 2010 (Rowstock Ltd and another v Jessemey), a differently constituted EAT panel, in Onu v Akwiwu and another, has now ruled that post-employment victimisation is protected under the Equality Act 2010. Ms Onu, a Nigerian, was employed …   Read more

Employee Shareholder Status Receives Royal Assent

After the controversial parliamentary “ping pong”, the House of Lords has now accepted the clause in the Growth and Infrastructure Bill which introduces the new employee shareholder status in exchange for employees giving up certain employment rights. The Bill received Royal Assent on 25 April 2013 and is expected to be implemented on 1 September …   Read more