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Clarification on “serious harm” in defamation claims: Theedom v Nourish Training

In Theedom v Nourish Training t/a CSP Recruitment  the High Court has provided further clarification as to what constitutes “serious harm” under Section 1 of the Defamation Act 2013. Background During 2013-2014 the claimant worked for CSP, a recruitment consultancy based in Leicester. In early 2014 two of the claimant’s colleagues, one of whom subsequently …   Read more

Paul Weller privacy decision upheld: Weller and others v Associated Newspapers Ltd

The Court of Appeal has upheld the decision of the High Court that the Mail Online infringed the privacy of Paul Weller’s children by publishing unpixelated photographs of them out shopping. Background The photographs had been taken by an unnamed paparazzo photographer during a shopping trip in California in October 2012, and featured Mr Weller’s …   Read more

Additional damages of 20x the licence fee for infringement of loft conversion photographs: Absolute Lofts v Artisan Home Improvements

Judge Hacon in the IPEC has awarded a loft conversion company additional damages of £6,000, on top of notional licence fee damages of £300, for flagrant infringement of the claimant’s photographs of its loft conversions. The photographs were taken by the owner of Absolute Lofts and were fit for purpose although not up to professional …   Read more

Who gets copyright in other countries, photographer or client?

30 years ago UK photographers were at a disadvantage compared to other creative suppliers such as illustrators or composers. Copyright in a photographer’s work automatically belonged to the client unless otherwise agreed. Thanks to lobbying by the Association of Photographers and others this was reversed in 1988. Since then, copyright in commissioned photographs has belonged …   Read more

Digital content: new rights for consumers in force from 1 October 2015

Key message Suppliers of digital content should ensure that their terms and conditions and end user licences properly reflect the new rights and remedies under the Consumer Rights Act 2015 as many of these cannot legally be excluded. What digital content does this affect? It is defined as “data produced and supplied in digital form”. …   Read more

DWP and a breach of the CAP Code

This article was first published on Lexis(r)PSL Commercial on 25 August 2015. Click for a free trial of Lexis(r)PSL.