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Irwin MitchellAccess all documents on Blocking orders
Applying for a website blocking order This Checklist summarises the key matters to consider when seeking a website blocking order (WBO). A WBO can be a practical option for rights holders where a site has been identified that infringes copyright, registered trade marks or other rights, but the website owner/operator cannot be identified and/or is outside the jurisdiction. WBOs provide notable flexibility: if the site owner/operator tries to evade the blocks applied by internet service providers (ISPs), the ISP can be notified and the measures adjusted to address that attempt without needing a further court order. No prior finding of infringement against the website owner/operator is required. The owner/operator also does not need to be joined as a party to the proceedings. For additional guidance, use this Checklist alongside Practice Note: Website blocking orders. The third column can be used to record observations or comments as the Checklist is worked through. Checklist — Further information — Notes (if any) Considerations before applying Consider whether the...
Mincione v Gedi Gruppo Editoriale SpA [2021] EWHC 2006 (QB) What are the practical implications of this case? The ruling offers practical insight for practitioners on procedure and substance. On the procedural front, it intimates that a defendant may contest the court’s jurisdiction under CPR 11(1) in relation to only part of a claim, not merely the whole. Although, on a literal reading, CPR 11(1) does not appear to authorise such a partial challenge, the notes in Civil Procedure 2021 (Volume 1) (the White Book) suggest—albeit without authority—that it can be done. Tipples J voiced reservations because of the wording of CPR 11(1), particularly when contrasted with a provision like CPR 24.2(a). Nevertheless, as the claimant did not take the point, the court proceeded on the footing that jurisdiction existed. The judgment also addresses timing. Where the jurisdictional issue turns on a crisp point of law and could dispose of the application, it may properly be determined pre-trial—especially where deferring the issue would risk uncertainty or needless expense....
Google LLC And Google Ireland Ltd v (1) Nao Tsargrad Media, (2) No Fond Pravoslavnogo Televideniya And (3) Ano Tv-Novosti) [2025] EWHC 94 (Comm) What are the practical implications of this case? This decision is the latest in a series arising from a Russian statute empowering Russian courts to claim exclusive jurisdiction over disputes involving sanctioned entities, despite any conflicting contractual dispute resolution clauses. It is therefore essential reading for anyone in a dispute with a Russian counterparty at any point in the lifecycle of proceedings. Parties should think carefully about timing and litigation strategy, particularly whether to seek an anti-suit injunction and/or an AEI. Even if such orders are not recognised or have limited effect in Russia, they can still be valuable in blocking or deterring enforcement efforts in other jurisdictions. The judgment sets out core principles distilled from the authorities on the grant of AEIs, including the relevance of delay and the comity-based policy considerations that may influence the court’s discretion....
This issue includes Air emissions and climate change Brexit Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental assessment Environmental disputes and proceedings Environmental information Environmental issues in transactions Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Health and safety Sources of environmental law (UK, EU, international) Waste Waste producer responsibility regimes Water, flooding and drainage Wildlife, biodiversity and habitat conservation Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Court finds there is no presumption favouring repurposing and re-using buildings in the NPPF (Marks and Spencer plc v Secretary of State for Levelling Up, Housing and Communities). In that case, the High Court quashed the Secretary of State’s decision blocking M&S’s Oxford Street redevelopment. Written by Martha Grekos, barrister at MGLC...
The Copyright, Designs and Patents Act 1988 (CDPA 1988) grants the copyright holder in the UK the sole authority to undertake a variety of acts in relation to any copyright work. Where those specified acts in the CDPA 1988 are carried out by someone other than the owner, without consent, this may amount to an infringement of the owner’s exclusive rights. Status of EU copyright law in the UK As of 31 January 2020, the UK ceased to be a Member State of the EU. In line with the Withdrawal Agreement, an 11‑month transition or implementation period followed, ending on 31 December 2020 (IP completion day), during which EU law continued to apply across the UK. Thereafter, EU legislation made or brought into force after that date is not binding on the UK. For pre‑existing measures, the legal position immediately before IP completion day was maintained for legal continuity by taking a snapshot of the EU rules then applicable in the UK and, for the most part, incorporating...
The core public entitlement on a highway is to go to and fro, and blocking a highway may constitute a criminal offence as well as a civil wrong in tort. Highway authorities carry a statutory obligation to prevent, so far as practicable, the stopping up or obstruction of highways within their respective areas. Criminal offence of obstruction Wilful obstruction of a highway without lawful excuse is also one of a number of criminal offences. Lawful excuse can exist in several situations, including for example: use of statutory powers to plant trees in highways, erect barriers within those highways, or place gates across them; where a landowner has dedicated a highway subject to a restriction that permits an otherwise obstructive feature, such as a pre-existing bridge or an overhanging building; exercise by a frontager of lawful rights to use the highway for access to their premises, including occasional scaffolding. For detailed discussion and a full examination of criminal offences connected with...
For other frequently used film and TV terms, see the following: Film and TV glossary C–D Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W Abandonment When a commissioning producer acquires takeover rights and, then or later, at any time, decides in their sole and absolute discretion that completing the film is not financially viable, they may, by notice in writing, delivered to the film production company itself, formally declare the production of the film abandoned and thereby bring the film’s production to a formal end. Acquisition agreements These agreements are intended for use in circumstances where a company obtains from the film’s owner rights across multiple separate media for a specified territory. See: Acquisition agreement—film—rights in a number of separate media for a designated territory—owner of film: Encyclopaedia of Forms and Precedents [58]. Advertising Standards Authority (ASA) ...