Author: Andrew Nellist

Family Lawyers had been waiting intently for the judgment in the case of Myerson v Myerson. The Court of Appeal was asked to consider whether significant changes in the value of matrimonial assets, as a consequence of the economic downturn, should be seen as a reason for the court to tear up a Clean Break Financial Order and deal with the financial matters afresh.

In the case of Myerson the credit crunch had led to a very significant reduction in the value of shares which had been retained by the husband.

In finding against the husband, the Court of Appeal made it very clear that reduction in value of assets, due to the credit crunch, was not an unforeseeable new event (a Barder type event), that should lead to the Order being set aside.

As things now stand, the order provides for Mrs Myerson to receive more than 100% of the matrimonial assets. However, some of the lump sum payment due to be paid to the wife by instalments has yet to be paid and in a further hearing later this year the Court is due to consider whether these payments can be varied downwards.

Author: Robert Griffiths

A recent survey has found that the UK’s copyright laws are the least effective at balancing the interests of intellectual property owners and the consumer. The survey, by Consumers International, placed the UK in last place out of the 16 countries whose laws were examined.

UK consumer watchdog Consumer Focus, says that the UK’s laws should be changed to better reflect modern practice. “It is currently a copyright violation to rip a CD that you own on to your PC or iPod, even though over half (55%) of British consumers admit to doing it” said a spokesman.

Campaigners and lobbyists at the Open Rights Group agree, their group executive director Jim Killock said “The government is undermining copyright’s reputation by failing to give clear rights to users in a changed digital world, where we all rip, mix and burn. Copyright urgently needs reform, as this study shows.”

This is troubling stuff for the lawmakers. When the law is out of date and does not reflect common practice, it loses credibility fast. A law that lacks credibility is difficult to enforce and undermines the intellectual property regime as a whole. The UK produces a great deal of intellectual property, but if the law is out of date it cannot effectively protect the interests of the rights holders. Action is certainly needed, and it will be interesting to see what steps the Government takes to address this issue – perhaps finishing bottom of the class in this survey will stir them into action.

Author: Robert Griffiths

Leading on from my blog on 13 March, there is yet more evidence that PRS for Music are cracking down on businesses to make up for the shortfall in their income caused by falling record sales.

The Telegraph reported on Saturday that PRS for Music have been targeting stables as part of their drive to get commercial premises to pay for licences.

And this new hard-line approach does not just apply to employees - Rosemary Greenway plays classical music to her horses to keep them calm but has been told that she must have a licence. “You would have thought that playing music to your own horses was allowable but apparently not.” Mrs Greenway said last week.

And it seems that Mrs Greenway is not alone – the whole equine industry is now a target of PRS for Music. According to Chris Doran, a senior executive at the British horse Society, several stables have reported calls demanding licence fees. “I think they are an easy target because these people are working outside all the time, they are more likely to put the radio on while mucking out or feeding,” she said.

PRS for Music say that the charge is not for playing music to horses, but that the music was also being played to staff at the stables. A spokeswoman for the society said: “Of course, we don’t ask people to pay for music played to animals. Mrs Greenway was only asked to pay for music played for staff, like any other workplace.”

However, the truth remains that PRS for Music are actively pursuing all kinds of businesses for licence fees, and your business may well be next.

If you or your business need advice on any aspect of Intellectual Property Law, including dealing with PRS for Music, my colleagues Robert Ryall and Nathanael Young in SA Law’s Commercial Dispute Resolution Department will both be glad to assist.