Dispute Resolution
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Defining Ownership of Intellectual Property
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The general rule for copyright work is that the original author or creator is the first owner of the copyright. Copyright work includes written software, databases, theatrical music, and artistic or photographic works.
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What is the Duty of Disclosure in Litigation?
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The duty of disclosure in litigation arises under the Part 31 Civil Procedure Rules which has recently been amended following the Jackson Reforms. Simply put, disclosure is when a party reveals the existence or otherwise of a document to the other party to litigation.
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What is Negligence?
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Negligence occurs when someone causes injury or a loss to someone else because of their reckless or careless behaviour.
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Unreasonable Behaviour in Litigation Carries Cost Order Risk
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It is a key principle in civil litigation that the unsuccessful party is ordered to pay the costs of the successful party. However, even if a party wins a case, courts still have discretion to order otherwise under Civil Procedure Rules 44.3 and 44.4; particularly where the winning party is deemed to have acted unreasonably.
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An Overview of the Civil Procedure Rules (CPR)
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Parties to litigation will encounter the Civil Procedure Rules (CPR) in their dealings with lawyers and the courts. The Civil Procedure Rules 1998 came into force in 1999 as a result of Lord Woolf’s report, Access to Justice, in which he outlined the failings of the civil justice system.
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Litigation Update: The Likely Impact of the Jackson Reforms
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Lord Justice Jackson's reforms are implemented from April 1, 2013 through the Legal Aid, Sentencing and Punishment of Offenders Act ("LASPO"). Changes will also be incorporated into the Civil Procedure Rules which set out the standards for conducting litigation and the mechanisms for managing litigation costs.
