Hello legal professionals and legal tech enthusiasts! Alongside an exciting upcoming podcast episode on AI for law firm efficiency and
These top legal technologist specialists, leaders and heroes in the UK are redefining what it means to practise law, and
In what will hopefully be an extension of our AI for Law Firms series, at the weekend I tried to
In the fascinating world of AI in the legal sector and AI-generated content, a peculiar trend has emerged: the unyielding
Generative AI and the Legal Industry: Q&A with Expert Owen Morris, Operations Director at Doherty Associates. Owen has been on the
Tuesday marked the inception of the new Diploma in Legal Practice at University of Glasgow, separate from the Glasgow Graduate School of Law as it was 10 years ago, but now led b y former head of the Law Society of Scotland, Douglas Mill. And what better to mark the occasion than a series of exquisite speeches from some of Scotland’s best, including Sheriff Principal James Taylor, Lord Wallace and Lord Tyre.
So that’s a brief introductory guide to protecting your IP online. To learn more about IP law and IP protection, I would recommend strongly that you visit WardblawG’s friends at the award winning IP blog, the IPKat, founded and managed by Professor Jeremy Phillips. Subscription to Jeremy’s Google groups will provide your inbox with a flurry of IP related email gems every day plus pictures of one or two cats in peculiar poses. WardblawG’s Gavin Ward’s cat or, as Jeremy puts it, owner Missy has already made one appearance on Wednesday Whimsies.
The approach taken in Navitaire was reaffirmed in the recent decision in Nova v Mazooma Games, where it was similarly held that the reproduction of the look and feel of an existing program in original source code did not infringe copyright in the original program. However, both Navitaire and Nova concern programs with high levels of abstraction and may be limited to their facts. It is therefore entirely possible that the “look and feel” of a program in a future case may be protected if there are less abstract concepts and closer similarities between programs. Thus, we may not have seen the end of “look and feel” protection through copyright.
Having experienced the chaos in September 2009 first-hand, working with some of Scotland’s largest alcohol suppliers and sellers, WardblawG agrees with most of what Mr Johnston has to say and, so, would like to reinforce Tom’s comments and, indeed, add from its MD’s own personal experience of the gruelling inception of the Licensing (Scotland) Act 2005 in Scotland (the “Act”).
Commentators have and will continue to suggest improvements. But what this author would like to see are two main changes: first, a template training module accessible online for free, published by the Scottish government; and, second, the existence of a licensing board that heads up all the other licensing boards in Scotland which provides a real leadership role and which should, hopefully, stop major differences existing between, among other cities and towns, Glasgow and Edinburgh.
I have written a 1400 word professional briefing article for the Journal: the members’ magazine of the Law Society of Scotland, the Online version of which is updated almost daily and the RSS feed of which is followed at the foot of this blawG on one of the four sets of columns, navigable through the left and right arrows below. My article should, hopefully, be published in August this year.
Mr Justice Tugendhat ruled that the allegation of paedophilia was serious and could have damaged the plaintiff’s reputation. Now, I don’t know whether Mr Justice Tugendhat has a profile on Facebook or has any idea about social networking sites, but he should be aware, or have been made aware by the defence, that this type of abuse goes on more than he might imagine, albeit not quite as acerbic, indecent and tasteless as in this case. To be clear, the author does not support this sort of bullying in the slightest.
WardblawG supports the ECtHR move in its entirety and wishes Ms Allison Walls the best of luck. May Justitia swing her sword in her favour.
As the WardblawG surpasses the 5000 hit mark after only 3 weeks, I have now included two permanent RSS feeds at either side of this blog to “Scots Law” and “Scottish Law” through Google News, which highlight excerpts from quality articles discussing the most recent developments in Scots law, such as through the Scotsman’s or the Herald’s legal journalists.
Similar Google News feeds, as I have already mentioned , can be used to keep track of different clients, industries, technologies, law, and even matters or disputes: A little more action, a little less bark (from clients) and a lot more spark!
In the author’s personal opinion, it is time for the courts and, perhaps, government to stop sitting on the fence with legal argument that lends itself to squeaky clean judges’ desks. It is quite clear that the public has noted its concern. They realise, (or at least should realise by now!), that banks are businesses unlike any other. And, while the banks might enjoy the benefits of having large capital reserves, somewhat questionable following the recession, the Scottish and, indeed, the British public expect them to be treated as such in the legal systems of the UK. This effective immunity from suit should seriously be reconsidered and, the author hopes, soon.
How to Claim despite Walls being breached
Consumers may be best advised to take the recent shock wave of Allison Walls v Santander with a pinch of salt: there are certain steps, including those from moneysavingexpert.com, which are still worth considering:-
1. Send a style letter and send to the bank;
2. If unsuccessful and the bank continues to charge, send a different style letter to the Financial Ombudsman;
3. If still unsuccessful, consult a reputable solicitor and take the bank to court, but be prepared for considerable legal expenses and long, drawn out proceedings.
Banks would be best advised not to get complacent: a battle may have been won; but the war, most certainly, is not over.
The relatively recent case of Education 4 Ayrshire Ltd v South Ayrshire Council  CSOH 146, CA37/09, concerns the issue of what happens when a contract clearly provides how and when a notice of delay or claims should be given but the parties do not follow the precise form of the notice provisions.
A good theoretical decision in favour of pacta sunt servanda and adherence to what the parties have agreed strictly, it has to be wondered whether this is the right practical decision given that effectively notice, albeit in a different form, had been given. Certainly, I have seen this decision take effect on elements of a recent multimillion pound NPD project, which may have delayed the deal.
The case serves as an important lesson for contractors, not just those involved in PPP / PFI, to take special notice of notice requirements under contracts.