What does Database mean? In legal practice, a database is a structured collection of independent items—such as documents, records or datasets—organised so each item can be accessed separately, whether electronically or on paper. The concept is defined in legislation derived from the EU Database Directive 96/9/EC and reflected in UK law (CDPA 1988, as amended, and the copyright and Rights in Databases Regulations 1997) and in Irish copyright legislation. Key legal features are: (1) a systematic or methodical arrangement of contents; and (2) individual accessibility of those contents. A database may attract protection in two ways. Copyright subsists if, through the selection or...
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The Copyright and Rights in Databases Regulations 1997 (CRD 1997), SI 1997/3032, gave effect to the EU Database Directive by revising UK copyright law as it relates to databases. The CRD 1997 also established a distinct, sui generis protection: the Database right. Unlike copyright, this right applies whether or not the database is an intellectual creation, provided there has been sufficient 'investment'. Copyright in a database and the database right are separate and independent. For deeper guidance on copyright in databases and the database right, see Practice Note: Copyright in databases and database right. Being EU-derived legislation, the CRD 1997 continues to have effect in the UK as assimilated law. Assimilated law is the term for retained EU law (REUL) that remains in force after the end of 2023. The shift from REUL to assimilated law marks a change in status and treatment under UK law: it is to be construed by reference to ordinary domestic law and principles and is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under the European Union (Withdrawal) Act 2018). For more information, see Practice...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...