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22 November 2018 / John Tanburn
Issue: 7818 / Categories: Features , Technology , In Court
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Mending the net

​Is it time for a specialist IT court to tackle torts committed online? John Tanburn weighs up the evidence

  • A specialised IT division of the High Court and technically-enabled county courts are needed to address torts committed online.
  • Court structure after Brexit needs to be determined now.

Torts are committed with impunity on the web: driving children to suicide, shredding reputations, threatening death and rape, leaving victims without redress. The law has always provided remedies against such torts, but has so far failed to do so when they are committed online. This will not do. The very credibility of the law is at stake unless its rule extends to the web, where many people live their working and social lives.

In the Investigatory Powers Act 2016 (IPA 2016) and the Digital Economy Act 2017, the government has taken enormous powers in the name of tackling ‘extremism’ (which can mean anything the government does not like). With rather less resources, the National Cyber Crime Unit (NCCU) seeks to tackle online crime. But nothing has yet

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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