The following TMT Q&A produced in partnership with Heidi Hurdle of Fieldfisher provides comprehensive and up to date legal information covering:
Taking the example of a UK online service provider (operating from a UK data centre), wishing to rely on the caching defence in Article 13 of Directive 2000/31/EC (the EU E-Commerce Directive). In response to a claim brought against it by a French claimant, is it correct that the most likely interpretation (acknowledging that this is an area which has not been tested and the courts may come to a different interpretation) is that:
as the ‘country of origin’ principle will no longer apply, the UK online service provider could not rely on the Electronic Commerce (EC Directive) Regulations 2002 (the UK E-Commerce Regulations), SI 2002/2013, reg 18, as retained, defence under the UK’s implementation of the EU E-Commerce Directive
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.