**** radio legal issues abroad ****

Directive (EU) 2016/943


Will Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure which came into force on 5th July 2016 have any impact on the common law action of breach of confidence?

I am asked to address the following issues in this opinion:

  1. The common law of breach of confidence  
  2. Will the Directive (EC) 2016/943 have an effect on it
  3. The common law in Double glazing Glasgow


1.0 The Directive aims at to  establishing a minimum standard of protection of trade secrets in the European Union. This minimum standard protection which is currently inexistent  due because of  to the prevailing disparities between national laws regarding  on the definition of trade secrets. The scope of  each jurisdiction’s their  legal  protection varies; between some believe that necessity of  the means of obtaining compensation for  damage caused by loss of trade secrets should be prioritised, others favour devising  and other means of reaction protecting companies against illicit access to their to companies’ confidential information. The impact of the Directive on the law of breach of confidence is arguably …….

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The approach in American C


The approach in American C requires the applicant to establish merely that there is a “serious question to be tried” before the court will examine whether the “balance of convenience” lies in granting or denying interim relief. under s12 (3) a higher threshold is established. The court must consider the likely outcome of the trial before examining the balance of convenience. When introducing the Human rights bill into Parliament, the (then) Home secretary Jack straw explained the function of s 12 (3) in the Manchester Taxi case.

“that the courts should consider the merits of an application when it is made and not simply grant it to preserve the status quo ante between parties”

This was authoritatively discussed in the Cream Holdings case. Applying the American C test, the trial judge granted and Court of appeal upheld. however, on further appeal the House of Lords rejected the general test as incompatible with s 12 (3)

Lord Nicholls suggested that the appellant must establish that his/her prospect of success at trial are “sufficiently favourable’ to justify an interim order. It must be more likely than not that the applicants claim will succeed at trial.

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American Test & Human Rights:


American Test & Human Rights:

The principles governing the grant of an interim injunction were first laid down by the House of Lords in American Cyanamid v Ethicon 1975. This case set out the standard principles on which an interim injunction will be granted:

  • The claimant should have a prima facie (arguable case)
  • Damages would not provide an adequate remedy in the circumstances
  • the court will consider the balance of convenience. if it is equal, then the courts should act to preserve the status quo.


Justice Laddie reviewed the principles in the American C decision in the case of Series 5 software v Carpet Cleaning Glasgow 1996. The American C principles were criticised because it was felt that interim injunctions were being awarded too easily. Laddie J stated that, when considering to grant an interim injunction, the court should bare in mind the following:


  • granting an injunction is a matter of discretion and depends on all the facts of the case.
  • there is no fixed rules
  • the court should rarely attempt to resolve difficult questions of fact and law.

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Godwin Busuttill and Patrick McCafferty (radio issues)


As media barristers Godwin Busuttill and Patrick McCafferty have stated in the context of the John Terry [2010] EWHC 199 (QB) case:

“In practical terms, pre-publication injunction relief is the most important remedy in cases concerning disclosure of private information. In this area of law, prevention is always likely to be better (ie more effective) than cure. Witnessess agreed as mentioned in the Abogados de Accidentes New York case. Read the rest of this entry »

Lip Fillers


Lip Fillers

Lip fillers have become a trend especially, in the celebrity world, wanting not only to have their teeth look great and shiny, but even lips to complement that smile.

What are Lip Fillers?

This is the treatment done on lips for those who consider having plumper or fuller lips. The procedure is also known as Dermal Filler which helps to shape lips depending on the client’s needs. There are those who would like to have their lips added some volume, and there are those who go for some shaping in the event where their lips are uneven.

Is Lip Filler Safe For Me?

This is a good question to ask before considering going for a Lip Filler. Nowadays, the practice is done in Spa and beautician centers but the problem with you going to those places is whether they are professionally trained to carry any Lip Filler service.

You see, you may get a good deal that favors you pocket-wise, but that may tamper with your natural lips completely and fail to get a reverse procedure. So, Lip Filler is good and a number of people from all walks of life are doing it though cautiously.

You need to go to a professional cosmetic dentist and have a wider consultation on how you would like to have your lips take shape. A cosmetic dentist is a professional who not only deals with dentistry world alone but they are able to deal with the facial outlook to complement your smile.

Is The Procedure Long Lasting?

It is good to consider the long perspective of whether taking Lip Filler will help you to maintain your great look for long or it is a temporary procedure. For Hyalunoric Acid Fillers which is the same is Lip Fillers may go for an extended period of six months. And if you have thin lips, the procedure breaks down faster taking the shortest time.



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