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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
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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