The reaction to the leaking of nude photos of celebrities, including Jennifer Lawrence, was awful. Some put the blame on the victims and others shared liberally with disgusting comments. But in this new world of social media the law is always being rewritten and much like dealing in physical stolen property is a criminal act, sharing hacked photos is too. Representatives for Lawrence have already said that they will sue anyone who shares or hosts the stolen pictures.
“Retweeting your way to prosecution: Jennifer Lawrence scandal could result in a wave of prosecutions” Duncan Lamont, Partner in the Reputation Management team at Charles Russell LLP, commented:
“An individual found to be sharing, retweeting, or providing a link to material that has been hacked, could face the full force of the law. People syndicating and sharing hacked celebrity nude photos, which in the latest incident allegedly purports to feature a host of A-listers, could find themselves in serious trouble, whether here or abroad. The republication of obviously private material is a breach of privacy law, constitutes misuse of private data and is a copyright law issue. Individuals linking and sharing this material could even be prosecuted for conspiracy or obscene publication, which are criminal offences. Social media users searching for this material may want to question the morality of viewing stolen images, while those sharing them may face serious legal repercussions. People should avoid ‘retweeting their way to prosecution’. It can happen – just look at those who joked about bombing airports or tweeted information about ongoing jury trials.”
There are so many misunderstandings when it comes to injury law. Personal injury or tort law often makes people think of lawsuits, but many cases never even end up in the court room. Most cases are now settled out of court, as it may appear easier, friendlier and cheaper.
It is important to understand that personal injury is a type of tort or civil wrong, in which harm has been caused to an individual, due to another individual failing to use reasonable care. The law then recognizes this as grounds to sue the offender in order to recover losses of the afflicted.
Many people may be subject to negligence and suffer an accident as a consequence, but never do anything about it. It is for this reason, that you must know your rights.
The main goal of tort law is to recompense the injured party and to discourage others from committing the same offense.
The main issue under scrutiny in a personal injury claim is liability. This is determined by proving that the individual that caused the harm did so because of negligence. It must also be proven that it was foreseeable that this failure could result in the injury that occurred to the other party.
The most common injuries in which you can make a claim are: road traffic accidents, accidents at work, tripping accidents, assault claims, accidents at home, product defect accidents and holiday accidents.
In order to make a case you need to make note of the following:
• Date of the accident with full details
• Details of any witnesses
• Medical diagnosis and treatment
• Proof of loss of earnings and financial expenses as a result of your injury
There are a number of personal injury companies out there that offer no win no fee claims. It is important to check there are no hidden charges in the services they offer by making sure you use a firm of real lawyers that have the experience necessary.
If, after reading this, you think you have a case, get in touch with a solicitor as soon as possible and request further information and advice. You may be able to make a claim.
The news of mass shootings in America has become a depressingly common occurrence. Each time the same thing happens: the debate on gun control.
This year two of the worst shootings happened in America, in a Colorado theatre and a Connecticut elementary school. This excellent Washington Post article has a run down of shootings in America for 2012. What is really interesting about the article is that it tells you what type of gun was used in each shooting. Some of these shootings were done with military assault rifles or automatic weapons. To have a gun is one thing, but for a civilian to buy this type of weapon, which only purpose is to kill people, is something that should be re-examined. In fact it was former President George W Bush that allowed a federal ban on assault weapons to expire in 2004 when he was president. President Obama has previously mentioned his support for a ban on assault weapons.
Yes, I did say those guns are used to only kill people. Aren’t all guns for that? Well, no. Farmers need guns, guns can be used for shooting clays, or animals. For hunting and even for protection. I am not pro-gun, but I do not think the issue is as clear as the hordes on Twitter and Facebook think it is. If you make guns illegal in America then there is an obvious problem: you drive the gun trade underground and people who want to protect themselves would not be able to legally own a gun. I don’t want to live in a world where only the bad people have guns.
On the same day of the mass shooting in Newton there was a similar attack on children in China, but with a knife as a weapon instead. No children actually died in the China attack, but there have been fatalities in similar attacks. it does raise a point: a gun is only a weapon when a human being is holding it. But so is anything else when there is an intention to kill.
President Barack Obama promised “meaningful action”, after the Connecticut shooting. Also saying, “As a country, we have been through this too many times.”
The fact is that most gun legislation is set by states rather than federal government, and Connecticut has relatively tight firearms restrictions by US standards. Some people are saying that the shootings are a mental health problem rather than a gun problem, but what is abundantly clear is that tighter regulation is needed.
According to a 2012 report by the United Nations Office on Drugs and Crime, the US has 3.2 firearms homicides per 100,000 population compared with 1.6 for Canada, 1.0 for Australia and 0.1 for England and Wales,
There are an estimated 300m guns in America, nearly one for every one of the 315m Americans in America, and the National Rifle Association (NRA) has more than 4m members. America is a nation where guns are embedded into it’s very foundation, there constitution even declares the ‘right to bear arms’, even if guns were banned where would all these guns go? What is clear is that we have to talk about gun control, but solving the problem will not be easy.
Squatting will become a criminal offence in England and Wales on Saturday. Squatting in a residential building would mean squatters could face six months in jail or be fined £5,000, or both.
This would bring better protection for homeowners Ministers said, and “slam shut the door on squatters once and for all”.
At the moment squatting is considered a civil matter and homeowners have to go to civil court and prove that squatters trespassed before they can be evicted. After the 1st of September squatting will become a criminal matter and homeowners can complain to the police. If the police think the claim is genuine they can arrest the squatters.
The new law will also protect vacant residential properties.
The law will also apply to existing squatters to “stop trespassers rushing to occupy residential buildings before the offence comes into force”.
The housing minister Grant Shapps said: “For too long, hardworking people have faced long legal battles to get their homes back from squatters, and repair bills reaching into the thousands when they finally leave.
“No longer will there be so-called squatters’ rights. Instead, from next week, we’re tipping the scales of justice back in favour of the homeowner and making the law crystal clear: entering a property with the intention of squatting will be a criminal offence.”
Campaigners have criticised the new law saying it does not fix the fact that squatters have nowhere to go but Justice minister Crispin Blunt said homelessness was at the lowest level for 28 years and the government was spending £400m on homelessness and £164m on bringing about 10,000 empty homes back into use.
In Scotland squatting is already illegal. Homeowners in Scotland have right to eject squatters without serving notice or applying to a court for an eviction order.
Shadow justice minister Andy Slaughter said: “Homeowners around the country are concerned about squatters and rightly want assurances from this Tory-led government that their properties will be protected.
“The distress squatters can cause to families, as well as the financial damage they do, is completely unacceptable.”
Some interesting information pinged into the Frost Magazine inbox from the Law Society. Did you know that shared parenting should not be confused with parental rights?
Shared parenting legislation, aimed at strengthening relationships between parents and children after separation, could detract from children’s wellbeing, the Law Society is warning.
Responding to a Government consultation, published today, in which ministers are proposing different ways to establish the notion of “shared parenting” after separation, Law Society President John Wotton said: “Introducing a legislative presumption of shared parenting could lead to unrealistic expectations from fathers, with a huge rise in fathers asking the courts for ‘equal time’. This could undermine the Government’s drive towards mediation and out of court settlements. The Government should avoid any implication in the statute of any right to equal time with a child, or any prescription of appropriate amounts of time.
The primary focus should be on the rights and welfare of the children, not those of parents. The principle that the welfare of the child is the court’s paramount consideration should be maintained.”
John Wotton pointed out that: “The current legislation does not favour one parent over another, but seeks to ensure that arrangements following breakdown are based on the best interests of the child.
“It is in a child’s best interest to have a meaningful relationship with both parents where it is safe to do so. The benefit of ongoing involvement with both parents is already a factor in the court’s decision-making process.
“There is no doubt, unfortunately, that once a court has made an order for access, and a father finds that the access is being thwarted by the mother, there is no currently effective remedy for the father. The Law Society therefore welcomes the Government’s intention to find more effective sanctions to enforce breaches of court orders regarding care arrangements.”
Olympic gold medallist and multiple Grand Slam tennis champion Rafael Nadal has joined PokerStars, lending his support to the world’s largest online poker site and inviting sports fans to join him in playing the popular game of poker.
Known globally for his fierce competitive spirit, the 26-year-old Spanish superstar is keen to learn the game of poker. Through mentorship with PokerStars pros and playing online, Rafa will draw on many of the skills heuses to such great effect on the tennis court to improve his game one step at a time.
“It’s no secret that I love to compete and try my very best in everything, whether that’s tennis, golf or video games,” Nadal said. “When I discovered the game of poker, I chose to join PokerStars because they understand what it takes to be the best and associate themselves with the qualities of champions. I’m very happy to be working with them.”
Rafa will play poker in spare moments this summer while he concentrates on his tennis. In the Autumn, he will be able to devote more time to poker and to representing PokerStars in online tournaments, in advertising campaigns and at charity events. Details of these will be announced in the coming months.
“Rafa Nadal represents all that is great about competition – the mix of talent, intellect, dedication and mental strength that you find in champions in every sport,” said MarkScheinberg, PokerStars Chairman of the Board. “We are proud to have Rafa as an ambassador for the brand and excited at the opportunity to help him enjoy and improve his game.”
Rafa joins a stable of elite athletes who have chosen poker as their “other game” and who play with PokerStars, including other Olympic medallists.
He will play a key role in introducing new players to the game of poker, particularly in his native Spain where online poker is surging in popularity following the recent awarding of government licenses to operate online poker. PokerStars is committed to providing regulated, safe and secure environments for poker players of all skill levels and is the choice of more poker players than any other site.
Consumers are invited to join Rafa on his journey to improve his poker game at a dedicate site: http://www.pokerstars.co.uk/poker/promotions/rafa-nadal/. Twitter followers can participate in the conversation about Rafa’s poker playing by using #nadalpoker.
Drug and drink driving, coupled with a lack of insurance were expected to cause a surge in the number of people arrested while attending the August Bank Holiday festivals last weekend.
With thousands of revellers hitting the roads for the hugely popular Creamfields, Reading and Leeds festivals, leading motoring solicitors were bracing themselves for a busy few days.
Matt Reynolds, a solicitor with Just Motor Law, said: “Festivals inevitably see a sharp rise in the use of illegal drugs and alcohol and we would expect to see a number of motoring arrests in relation to these.
“However, another growing area of concern is the amount of people being tempted to drive without insurance because they cannot afford the ever-increasing premiums.
“We would urge all people attending festivals being held this Bank Holiday Weekend to think through the consequences of being stopped for drink or drug driving or lack of insurance.”
Young men aged between 17 and 29 are believed to be the most likely to drive while on illegal drugs. Cannabis is known to distort a driver’s perception of time and distance, cocaine causes aggressive and risky driving, amphetamines such as speed impair coordination, while Ecstasy causes blurred vision and poor judgement. Looking for a drug rehab near me can help with overcoming the issue.
Police currently have no equivalent to an alcohol breathalyser to test for drugs and instead use a Field Impairment Test (FIT). Tests can include standing on one leg, touching your nose with the tip of your finger and closing your eyes and estimating when 30 seconds have elapsed.
Reynolds added: “People who are arrested on suspicion of any motoring offences while attending music festivals need to ensure they get the right support immediately. They have a right to be represented at a police station and, should it be required, to be defended in a court of law.”
Just Motor Law – www.justmotorlaw.co.uk – provides specialist legal advice on all motoring offences with a 24-hour hotline and online live chat facility. The company also specialises in providing clients with technical defences, challenging equipment used by police officers and highlighting any failure to conform with rules of evidence.