How far most people are behind on reality

Read this article on CNET.

The jokes themselves are not the problem. The problem is that just about anything these days can be hacked. The internet of things. People are starting to catch up on that. The realization is slowly sinking in and United Airways appears to be freaking out over it, understandably.

You pay too much attention to Caller IDs

Wanna bet?

See, caller IDs can be spoofed, just like e-mails.

There are web sites and software that let you spoof phone numbers. I bet that if I really wanted to, I could call you pretending to be you. But why would I?

Here is one such site: http://www.spoofcard.com/

This one even lets you add background noise.

What if you click but don’t collect?

Many retail chains offer a click-and-collect service. You select and pay for your purchases online, and on the following day or even later on the same day, you can go to a branch near you, or tube station or community location, and collect your purchases.

tomatoesBut what happens if you don’t collect your goods because another car collides with yours on the way to the store and you end up in hospital? Or simply because your train or plane is delayed? Continue reading

The case of the stolen painting

This claim came before the Court of Appeal in 2003, from the Central London County Court via the High Court. Professor Norman Palmer represented the claimant.

This may be what the painting looked like.

This may be what the Jan Steen painting at the centre of this claim looked like.

If I travel to your town, pick your lock, take a lovely locket from your home and make sure to leave no trace of my presence, go to the post office and post the locket to my home or to someone else’s address, can you sue Royal Mail for having shipped the stolen locket if you somehow find out and can even prove that Royal Mail transported your locket? “Of course not.” I can hear you say it.

Royal Mail was just doing its job for which it had been paid (postage). It had no way of knowing that the box or envelope it shipped contained stolen goods. Royal Mail has no obligation to check whether the contents of a shipment might be stolen. If you tried to take it to court, you likely wouldn’t get far but the whole thing could cost you quite a bit of money. Continue reading

The case of the demolished Robot Wars arena

Another interesting case came before the High Court in January 2010. It took up four days. It bears similarities to the case of the destroyed art, but there are also marked differences.

There were two claimants and two defendants.

Robot Wars TV series

Historic images regarding Robot Wars TV series

Continue reading

Stress and the litigation process: how can lawyers make matters better?

From the original post:
“For us lawyers litigation is a technical process. For the litigants the effect of the litigation can have a major impact on their lives.”

From a comment:
“It still amazes me that to date, as lawyers, we fail to appreciate the importance of actively listening and showing empathy when engaging with clients.”

Civil Litigation Brief

There is a very useful article in the Solicitors Journal on stress and litigation (to avoid hyperbole I will not use the word “brilliant” but it deserves it.)  Hugh Koch analyse the sources of stress for litigants.  This made me think how little attention is paid to the “litigant’s view” of the litigation process. For us lawyers litigation is a technical process. For the litigants the effect of the litigation can have a major impact on their lives. There is little in our training (as barristers or solicitors) that helps us put ourselves in the litigant’s place and examine ways in which we can ease the stress to our clients.

THE ARTICLE

The article examines the 24 main reasons for stress.  Some of which lawyers can deal with, some not.

THE TOP REASONS FOR STRESS

Interestingly the number one reason for stress is “Being asked about the event again and…

View original post 373 more words

The case of the destroyed art

A few years ago, in 2009, an interesting case came before the High Court. It was interesting because like so many claims involving interference with goods, it was a story about people, about mistakes they make, misunderstandings between them. and things that can happen to them. It was also relatively complex because it was a claim against three defendants, with a fourth defendant in a Part 20 claim brought by two of the original defendants, with the first two defendants and the third also pointing fingers at each other.

The claimant was sculptor Terry New.

Nidus Sculpture at The Fitzwilliam Museum, Cambridge

Nidus Sculpture at The Fitzwilliam Museum, Cambridge

Continue reading

Internet trolls and the law

The first time I had the word “troll” within the context of the internet, I had no idea what it meant. I found out the hard way, as most people have by now. Internet trolls can make our lives pretty miserable and can cost some people their only means of business advertising.

But what can you do about them? They are anonymous by definition, and police officers are usually just as powerless as you are when it comes to tracking down trolls and identifying them.

In addition, while trolls can be thoroughly unpleasant and sometimes incredibly hurtful, they often aren’t breaking any criminal laws.

Many have developed their pestering skills to perfection. The way they render people powerless and expose them to senseless hurt and insults – such as in the case of Leo Traynor who was viciously stalked by the 17-year-old son of a friend – can be impossible to accept as life as usual and then just forget about. So what do you do?

One option is to sue them in civil proceedings (and for example call them John Doe). That is complicated, and hard. It forces you to be as persistent as your troll. Another one is to trap them, but it only works if the troll is not particularly tech-savvy. You can read about both methods in this Forbes article about Leo Traynor and the case of Carla Franklin who forced Google to reveal who was tormenting him. (Read more here.) Two years later, she sued Chico Shon Moss.

There are a few web pages out there that claim that Mr Traynor made up the entire story. It does not actually matter whether he did or not because the trolling he described is very real. He is not the only person who undergoes this kind of abuse. I too have some experience with this kind of stuff and I am certainly not the only one. In another account, you can read about a man called Chris Andrews in real life, a politician who quit his party when unmasked as a Twitter troll.

Nicola Brookes is a woman in the British seaside town Brighton. She asked the court to force Facebook to reveal the identity of the anonymous trolls who tormented her for months, even suggesting she was actively involved in sexual child abuse as well as a drug dealer. The High Court ruled in her favour, a legal first (see also this EU report Cybercrime and Punishment- New Developments & Challenges by Sylvia Kierkegaard).

One of the trolls turned out to be police officer Lee Rimell. He was arrested, but not suspended, says a follow-up article in the Daily Mail and this BBC article. Apparently he worked out of Birmingham.

He received a serious written warning, according to this detailed article on the web site of Sophos. It shows you in detail what kind of horrific abuse Nicola Brookes was subjected to. Not that different from what Leo Traynor said happened to him.

Yelp trolls

Last year, a New York steakhouse took legal steps to force Yelp to identify who wrote a certain post on Yelp. The writer claimed to be a waiter habitually spitting into the food served at the steak house. The writer used the name of a real person who said he had nothing to do with it and apparently filed a police report about the matter. The steak house took Yelp to court in an attempt to track  down the real poster. (Read more here, here and here.)

Earlier, another company had taken a similar matter to the courts in Virginia, claiming defamation. These cases force the US courts to carry out a delicate legal balancing act. The Virginia Appeals Court initially ruled that Yelp had to reveal the identities of seven posters, but Yelp appealed against that decision (read more here, here and here). The Virginia Supreme Court heard the matter in October 2014.

I haven’t been able to find recent information on the internet about these cases so it’s not clear to me how either of them ended. As there is a great deal of debate about the validity of Yelp reviews and the company’s ability to manipulate reviews, the point may be moot.

 

How the Magistrates Court deals with data thieves

The April 2015 newsletter from the Information Commissioner’s Office (ICO) contains an item on the powers of the UK’s Magistrates Courts.

The Data Protection Act (DPA) has been updated and now allows magistrates to dole out unlimited financial penalties. This is the result of the implementation of section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on 12 March 2015.

Until this recent change, the maximum fine a Magistrates Court could impose was £5,000 and it had to send more serious offences to the Crown Court.

Family court without a lawyer

I just stumbled upon a series of excellent videos about going to court on your own in family law matters. They are good to watch for litigants in person tackling other areas of law too.

I recommend going to the court at least once before the day of your hearing. That way, you will know where to go on the day of the hearing and you’ll know how long it takes you to get there.

Take into account that a hearing can suddenly be scheduled in a different building for logistic reasons if there are several courts on the same location. Always check with court staff in which room (and which building) your hearing will take place (and listen to any announcements on the public address system, if there is one).

Our Pay-Per-Period assistance package can include some practical training focused on several aspects of going to court on your own. As our assistance is tailored to our clients’ specific needs, this differs from client to client.