Duchess of Sussex (Meghan Markle) wins copyright claim

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The Duchess of Sussex (Megan) sued the Mail on Sunday’s Associated Newspapers Limited (ANL) in April 2020 over alleged misuse of private information, infringement of copyright and breach of the 2018 Data Protection Act. The Mail on Sunday published five articles online and in print in February 2019 that reproduced parts of a private letter […]

What is a statement of case in court proceedings?

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A statement of case is to define the legal issues which the court has to decide upon. It sets out the essential facts supporting the party’s position. The first statement of case is called the particulars of claim; followed by the defence; and then subsequent others may be served. To ensure your statement of case […]

Battle of the caterpillars: Colin v Cuthbert!

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No doubt you have seen news of this trade mark infringement claim if you have been on social media recently. Marks and Spencer (M&S) have begun a legal claim against Aldi alleging that Aldi’s Cuthbert the caterpillar cake has infringed on its trade mark for its Colin the caterpillar cake. The intellectual property claim filed […]

Using witness statements and expert evidence at trial?

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Witness statements: Generally, the court will order the parties to exchange witness statements for all witnesses of fact that are due to attend trial. The purpose of the witness statement is to set out in writing the evidence of the maker of the witness statement which is relied upon by the party calling that witness. […]

How do the courts award costs at trial?

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Costs are always in the court’s discretion except in certain circumstances where they follow automatically. The general rule is that the loser will pay the winners costs. Although this is not always the case. A judge can make a contrary order or may make different orders relating to different issues or stages in the case. […]

What documents will you need for trial?

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Disclosure is the process used in litigation to disclose to each other documents which are relevant to the matters in issue in the proceedings. It should be done with great care as it can determine the outcome. The statements of case determine which documents are relevant. Generally, all relevant documents must be disclosed, no matter […]

Trial, appeals and enforcement!

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It is important to remember that settlement is possible at any time during the action. The parties can settle and withdraw their action on terms they both agree on. The court must be informed of this. Trial: Each party will present their case to the judge. The judge will consider the evidence which is tested […]

Which track will your case be on?

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There are 3 categories of cases known as tracks. Small claims track. Fast track. Multi-track. The Civil Procedure Rules (CPR) vary depending on which track your case is allocated to. The small claims track: This is the track for most claims up to £10,000 which will be heard in the County Court. It also covers […]

How are proceedings in court started?

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Time limits: Once a claim has been filed at the court office with the fee paid (issued), the claim form is valid for 4 months (6 months if being served outside the jurisdiction of the courts of England and Wales). This means that the claimant must dispatch the claim form if serving it within the […]

What is the “overriding objective”?

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The Civil Procedure Rules (CPR) aim to make civil justice fair, efficient and more accessible. They demand a code of behaviour and attitude to dispute resolution with the emphasis being on investigating and preparing the case at an early stage and committing management resources to the resolution of the dispute. Every case that proceeds to […]