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Authorised international solicitors in IP, media & commerce. Experts in contracts, licensing, reputation & disputes.
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Digital Media, IP & Technology Law Insights

Legal analysis for founders, creators, technology businesses and brands across intellectual property, digital media, AI, platforms and commercial law.

PAIL Solicitors digital media, intellectual property and technology law insights
PAIL® INSIGHTS Ideas · Rights · Technology · Commercial Strategy
The Idea Behind PAIL® Insights

Why “My Way”?

Frank Sinatra’s My Way captures something fundamental about intellectual property: the distinction between an idea and the individual expression of it.

Copyright does not give someone ownership of an idea itself, but it can protect the particular way that idea is expressed through music, literature, art and other creative works.

That principle of creating, building and expressing something your way sits at the heart of this blog. PAIL® Insights explores the legal issues that arise when creativity, technology and commerce meet — and the rights, relationships and decisions that determine who can control and benefit from what has been created.

About the Blog

Practical Legal Insight for a Digital World

PAIL® Insights brings together legal analysis, practical guidance and commentary across intellectual property, digital media, AI and technology, creators and talent, reputation, platforms and commercial law.

The articles are written for founders, businesses, creators and professionals who need to understand not only what the law says, but how legal developments affect ownership, commercialisation, contracts, risk and growth.

Every article is written, reviewed or edited by Peter Adediran, Founder Solicitor at PAIL® Solicitors.

Written & Reviewed By Peter Adediran Founder Solicitor · Intellectual Property · Digital Media · Technology · Commercial Law
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Warning: Don’t Make Cyberbullying + Reputation Management Pre-Action Protocol Mistakes

 

We have seen a 30% increase in cyberstalking and defamation enquiries for Feb - Apr 2020 as there was for the same period in 2019. It is not surprising that online reputation management related cases will increase during this time. Closed schools and quarantine mean more people are using digital platforms for more extended periods. 

If you are going to seek an injunction or bring a reputation related claim, don't forget that last year pre-action protocols changed.  

The existing pre-action protocol rules now cover media-related claims such as defamation, privacy and data protection. You should note the following changes to avoid delays and challenges to your case unnecessarily: 

⁃ CPR 53: The Media and Communications List of the Queen's Bench Division is a special list of the High Court.

⁃ PD 53A and 53B: This refers to the decisions of the High Court who have the choice to transfer proceedings from one Division to another. In addition, new requirements have been created for Statements of Case.

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⁃ In a general sense, there will be changes to the Letter of Claim such as including relevant details of "serious harm" and copies of any transcripts

⁃ More emphasis has been placed on ADR and encourages parties to use ADR as a first point of call rather than litigation

These rules were put into place to ensure that the law recognises the specialist nature of media and communications law. 

For a full list of changes, follow the link below: 

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors. Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

 
Defamation & PrivacyPAIL® Support TeamInternet reputation management