What does Blocking orders mean? A blocking order is a court injunction requiring internet intermediaries—usually internet service providers (ISPs)—to block access to specified websites, domains, IP addresses or URLs that facilitate unlawful online activity, most commonly copyright or trade mark infringement. The expression is descriptive (not defined in statute), but in the UK the principal route for copyright is section 97A of the copyright, designs and patents act 1988, which implemented Article 8(3) of the EU InfoSoc Directive and remains in force post‑Brexit. For trade marks and other IP, the High Court may grant website‑blocking injunctions under its general power (Senior Courts...
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This archived Practice Note outlines information on the Digital Economy Act 2010 and the early use of s 97A website blocking. It is provided purely for background reference and is not being maintained. For guidance on website blocking, see Practice Note: Website Blocking orders.
The Digital Economy Act 2010 (DEA 2010) obtained Royal Assent on 8 April 2010. Many measures aimed at tackling online Copyright infringement, to curb unlawful file-sharing, were intended to commence on that date or in June 2010.
DEA 2010 inserts new sections 124A to 124N into the Communications Act 2003 (CA 2003). Once a supporting code, approved or made by Ofcom, is in place, qualifying Internet service providers (ISPs) will be required to meet duties set out in that code.
Those obligations will be underpinned by a code approved by Ofcom or, if no industry code is approved, one made by Ofcom. The code will specify in detail how the obligations must be fulfilled.
The DEA 2010 has attracted substantial criticism, particularly concerning the onerous obligations it proposes to impose on ISPs to combat online piracy. These aspects have also been the subject of Judicial review...
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...
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