Electronic Communications Code – Removal of Apparatus – whether neighbouring landowner has right to require removal of electronic communications apparatus from route of proposed new access – paras 38, 40, Sch.3A, Communications Act 2003 – reference dismissed Citations: [2019] UKUT 127 (LC) Links: Bailii Jurisdiction: England and Wales Land, Utilities Updated: 27 April 2022; Ref: … Continue reading Evolution (Shinfield) Llp v British Telecommunications Plc [2019] UkUT 127 (LC): UTLC 15 Apr 2019
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop registration: ‘a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending … Continue reading British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998
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Citations: [2016] NIMag 1 Links: Bailii Statutes: Communications Act 2003 127 Jurisdiction: England and Wales Crime Updated: 11 October 2022; Ref: scu.558304
The defendant had made a series of racist and abusive calls to the office of his local MP. The prosecutor appealed a refusal to convict under the 1984 (now the 2003) Act. The defendant had argued that the messages had been offensive, but not grossly so. Held: The prosecutor’s appeal succeeded. ‘The purpose of the … Continue reading Director of Public Prosecutions v Collins: HL 19 Jul 2006
The defendant had, over a period of time, telephoned his MP’s office using racially abusive epithets. He was originally charged under the 1984 Act, but then under the 2003 Act. The magistrates found the remarks offensive, but not so grossly offensive as to constitute an offence under the Act. The prosecutor appealed. Held: The appeal … Continue reading Director of Public Prosecutions v Collins: Admn 23 Jun 2005
Prosecutor’s appeal from acquittal on charges of having transmitted grossly offensive materialover a public telecommunications network, and in particular by publishing certain videos on youtube. The district judge had found the material was not grossly offensive. Held: The appeal suceeded. Citations: [2017] EWHC 359 (Admin) Links: Bailii Statutes: Communications Act 2003 127(1)(a) Jurisdiction: England and … Continue reading Director of Public Prosecutions v Smith: Admn 24 Feb 2017
The Honourable Lady Justice Carr DBE, The Honourable Mr Justice Jeremy Baker [2020] EWHC 3004 (Admin) Bailii Communications Act 2003 127(1) England and Wales Crime Updated: 02 January 2022; Ref: scu.655578
Mr Justice Warby [2020] EWHC 3421 (Admin), [2021] 1 Cr App R 13, [2021] Crim LR 315, [2021] 1 WLR 1828, [2020] WLR(D) 684 Bailii, WLRD Communications Act 2003 127(2)(c) England and Wales Crime Updated: 19 November 2021; Ref: scu.657358
The defendant took a video of the burning of an effigy of the Grenfell Tower, and distributed it on two small Whats App groups. Others re-distributed it more widely. Mid-trial it was found that another had also filmed the burning and distributed . .
Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971
The claimant teacher was a lesbian. She complained that her school in failed to protect her against abuse from pupils for her lesbianism. She appealed against a decision that the acts of the pupils did not amount to discrimination, and that the school were no responsible for it. The 1998 Act had come into effect. … Continue reading Pearce v Mayfield School: CA 31 Jul 2001
Appeal against conviction for sending a message by a public telecommnication network said to be of a menacing character. The appellant’s flight was delayed at Doncaster airport. He tweeted ‘I had decided to resort to terrorism’ and ‘Crap! Robin Hood Airport is closed. You’ve got a week and a bit to get your shit together … Continue reading Chambers v Director of Public Prosecutions: Admn 27 Jul 2012
The complainant requested a copy of the file(s) held by the public authority in connection with the trial (and associated appeals) of Chambers who was prosecuted for posting a message on Twitter considered to be of a menacing character within the meaning in section 127(1)(a) of the Communications Act 2003. The Commissioner’s decision is that … Continue reading Crown Prosecution Service (Decision Notice): ICO 12 Dec 2013
The defendant appealed by case stated against his conviction under section 127 of the 2003 Act. Becoming frustrated with its inefficiency he issued a tweet, which was said to have been a threat: ‘Crap! Robin Hood Airport is closed. You’ve got a week and a bit to get your shit together otherwise I am blowing … Continue reading Chambers v Director of Public Prosecutions: QBD 27 Jul 2012
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in preparing to present the Bank’s case, and the Bank now appealed an order granting such access, … Continue reading Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004
References: [2004] EWCA Civ 218, Times 03-Mar-2004, Gazette 18-Mar-2004, [2004] 3 All ER 168, [2004] QB 916, [2004] 2 WLR 1065 Links: Bailii Coram: Lord Justice Longmore Lord Phillips Of Worth Matravers, Mr Lord Justice Thomas The Bank of England had sought assistance from its lawyers to prepare for a private non-statutory enquiry. The claimant … Continue reading Three Rivers District Council and others v The Governor and Company of the Bank of England (No 6): CA 1 Mar 2004
References: Times 14-Jul-1995, Gazette 06-Sep-1995, Independent 19-Jul-1995, [1996] AC 74, [1995] 3 WLR 318, [1995] 3 All ER 559 Coram: Lord Keith of Kinkel Ratio The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and … Continue reading Martin v Watson: HL 14 Jul 1995
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
