Last week, an opinion given by Advocate General Maciej Szpunar indicated that the owners of shops, hotels or bars providing free Wi-Fi for the public should not be liable for copyright infringements committed by users on their premises.
The opinion was given following a claim brought by Sony against Tobias McFadden, owner of a business selling and renting sound systems, and which also offers public Wi-Fi access. In 2010, a musical work was unlawfully downloaded on the network provided by the internet connection owned by Tobias McFadden.
The Advocate General stated that a limitation of liability applies to people who, adjunct to their principal economic activity, operate a Wi-Fi network with an internet connection that is accessible to the public free of charge. That limitation of liability would prevent the ordering of damages orders against such shop owners as well as costs pertaining to copyright infringements incurred by third parties.
However, that limitation of liability could not be use as a safeguard against injunctions, provided those are effective, aimed at bringing a specific infringement to an end, and fairly balance between rights of freedom of expression and freedom to conduct business with intellectual property rights.
While not binding, the opinion, is likely to be in line with the stance taken by the ECJ in its ruling on the matter. The EU Court of Justice is yet to issue a final opinion in the case.
In this day and age, such a statement is expected to have great consequences for shop owners which provide free access to Wi-Fi. Do you think that the Advocate General’s opinion is reasonable? Or do you believe that it may open the door for further infringement? Do not hesitate to share your thoughts on the matter on our Facebook page.
Cuba are expecting a major influx of flights from the United States after travel restrictions to the island were relaxed last year. As a result, Cuba recently experienced a tourist boom, however it is unknown how the country will cope with the increasing amount of tourists due to their dated infrastructure. Approximately a hundred and ten flights are expected to arrive in Cuba with twenty of these destined for Havana, the capital, therefore many US airlines are now keen to begin this service.
As of the 18 March 2016, the Home Office will be increasing their fees for most UK visa applications. Most application fees will be increasing by 2% however some applications will see increased fees of 25% and 33%. A table of the fee increases can be found by clicking the link below. However, for more detailed information about how the new fees may affect you, please contact us today.
Tel: +44 (0) 203 402 6095
Yesterday, families of UK citizens which have been prevented from living in the UK because of the minimum income visa requirement of more than £18,600 to bring over a non-EU spouse are challenging the current law in the Supreme Court. They argue that it equates to an impediment upon the right to family life.
Under the current visa system, UK citizens who wish to bring over a non-EU spouse must earn a minimum of £18,600/year, rising to £22,400 if they have a child who does not have British citizenship.
The law, introduced in July 2012, has been criticised by many for being too strict to families with non-EU members and constituting an obstacle to full-enjoyment of the right to family life for British citizens and their non-EU partners. As a consequence, many British citizens have decided to live abroad with their partners to enjoy the presence of their family, whereas others have stayed in the UK away from their partners and children, through so-called “Skype families”.
While the ruling is not expected before a number of months, a future re-assessment by the Supreme Court of the law above-mentioned would translate into a more flexible approach to establish whether or not partners and children may legally settle in the UK despite not reaching the current income threshold.
Until then, UK citizens seeking to bring over partners or their children to live with them in the UK will still have to comply with the current minimum income requirement of £18,600/year.
Do you think that the current visa system is fair? Or should it be amended in light of a full enjoyment of family life? Feel free to share this with us by commenting on Facebook.
Should you be currently looking to apply to remain in the UK with your family or partner, EA Law Solicitors will be happy to advise you as to the correct procedure for obtaining the visa which suits your situation. Accordingly, do not hesitate to contact us via telephone or email. We are committed to provide you with the utmost quality advice in the promptest time.
We would like to wish all our Chinese clients, friends, associates and partners a very Happy New Year! May the year of the Monkey bring you all happiness, good health and prosperity. Gong Xi Fa Cai!
A new report has found that an estimated 8.2 billion pounds of compensation is going unclaimed by passengers of delayed flights across Europe. EU regulation 261/2004 dictates that passengers who experience cancellations, denied boarding or delays of over 3 hours when flying within the EU or with an air carrier registered within the EU, compensation can be claimed. passengers are due compensation of up to €600 if their flight is delayed over three hours, cancelled with less than 14 hours notice or if they are denied boarding.
Reportedly, the majority of the general public are unaware of this entitlement and many do not claim for their compensation. Even for those who are aware of their rights however, securing compensation can be found to be difficult. Despite being aware of their duty to compensate passengers, it is not uncommon for airlines to refuse claims brought forward independently by passengers and as such, many people do give up and do not follow through with their claim.
E A Law Solicitors has a successful flight claim department and have secured compensation for hundreds of claimants. With our expertise and industry contacts, we can assist with your claim on a no win no fee basis and ensure you receive compensation.
If you have experienced a delay, cancellation or have been denied boarding on a flight in the last 6 years, get in touch today to find out if you have valid grounds to claim.
Recently, an Air Canada flight made an emergency landing after severe turbulence caused injuries to numerous passengers. Turbulence cannot always be predicted nor injuries prevented. Many aspects can cause turbulence including:
Cold or Warm Weather Fronts
Air Movement Not Seen
According to statistics, most turbulence happens when aircrafts reach over 30,000 feet, and coming into any of the above can cause the aircraft to shake violently. Although aircrafts are built to withstand turbulence, passengers who fail to wear their seatbelts when required are at more risk of injury. The only evident way for pilots to currently avoid turbulence is by pilot reports. Therefore, if another aircraft has recently flown the same path and encountered turbulence, they report it to Air Traffic Control. At present, new, automated reports are making their way to pilots as more aircrafts are being equipped with sensors that record and report weather and turbulence. However, when boarding a flight, is it important to remember to take the advice of the cabin crew should you encounter turbulence in-flight.
On January 11 2016, the Government issued a proposal which sets out the fee increases for visa, nationality and immigration applications in 2016-17. The proposal sets out the maximum fee increases for these types of applications over the next four years and hopes to reduce taxpayer contributions so to ensure that the border, immigration and citizenship system is funded solely by those who use it’s services.
The key fee changes are:
A 2% increase in the fees for visit, study and work visas
A fee increase of 25% for settlement, residence and nationality applications in the year 2016-17.
Fees for sponsorship categories will remain at the current rate.
These changes will likely be implemented later in the year after the legislation is laid out in Parliament in April 2016. A table of the proposed fee changes can be found here.
If you wish to avoid paying a higher fees and want to submit your immigration application, contact us today and one of our specialist immigration solicitor’s can assist you with your application. Alternatively if you want advice, contact us for a no obligation consultation and one of our qualified solicitor’s will advise you on your options.
Tel: +44 (0) 203 402 6095
This time in January normally has the same old story about divorce rate spikes doing the rounds in the media. January 4th is often said to be “Divorce Day”, the most popular time of year for couples to split up! It’s just after the Christmas and New Year celebrations and everyone is back to work during a month that’s just as dark and dreary as the last only without any festivities to look forward to. People are generally getting back to the normality of work and the whole collective mood seems a little low and so stories like this seem to fit perfectly and appear true.
However, although some organisations do report a sizeable increase in enquiries about relationship issues, including breakdown and divorce, at this time of year it’s certainly not universal and it almost feeds into the idea that lawyers profit from the misery of others. That’s not generally true and in dealing with a variety of family and matrimonial matters at EA Law Solicitors we know how major and life changing such relationship endings and breakdowns are for couples and how reluctantly they often take decisions to go ahead with them.
For some, divorce and the end of a relationship is inevitable, in which case we can provide full advice and support throughout what may be one of the most stressful and difficult personal challenges in someone’s life. It is often a very complex area of law to navigate and so getting a DIY pack from online providers may just leave you without the support and guidance that could be of so much benefit to you and your family in the long term. We offer competitive fixed fees at various levels depending on the assistance that you need.
Thankfully, still for most, divorce is not a reality and problems can be worked through by many couples. It may instead be a good opportunity to give some time and dedication to your relationship, family and loved ones and we can also help with putting several types of arrangements in place to give each of you peace of mind no matter what may happen in the future.
It may be a good time to think about:
A Cohabitation Agreement:
If you are in an unmarried relationship and living together this can be a useful way of setting out arrangements between you both and deciding what would happen to belongings and bills in the event that you separated. They can also set out how you both will arrange your money, assets and belongings as well as how you will contribute to bills and expenses.
A Pre-Nuptial Agreement:
These are agreements for those intending to marry and are usually drawn up at least 6 months before the wedding. It sets out how you intend your assets to be divided between one another in the event of a divorce.
A Post-Nuptial Agreement:
After a marriage you can draw up a post-nuptial agreement that deals with the future of any belongings and assets and how you would divide them between you in the event of a separation and divorce.
Providing for your Family on Death or Serious Illness
If you are unmarried then you may not have the arrangements you want in place in the event of your death and your partner may not be provided for in the way that you believe due to specific rules about what happens when you die without leaving a will. In marriage, if you are considering a nuptial agreement then your Will should be carefully drafted in accordance with this. Of particular importance is when you have children from a previous relationship or marriage to ensure that your wishes are properly expressed and able to be carried out.
Living Wills and Advance Decisions:
If the worst should ever happen and you became mentally incapacitated or terminally ill then you can express your wishes about treatment and end of life care in advance so that your family knows that they are taking the decisions that you would have done if able to and following your directions. This can help ease the burden on loved ones at what would be an extremely difficult time.
Why not give some time to your family and relationship to get your arrangements in order and give you and your loved ones peace of mind. At EA Law Solicitors our expert solicitors are here to help and we would be happy to guide you through our range of options.
As of 11 January 2016, a new two-year visit visa for Chinese nationals will be launched which will allow successful applicants to enter the United Kingdom multiple times. Same as the existing visitor visa, this will cost £85. This new pilot hopes to offer Chinese nationals better value for their money, flexible travel and more opportunities with regards to tourism and business, as the number of Chinese visitors to the United Kingdom is increasing. Chinese visitors will also be able to stay in the UK for a longer period than the 90 days that is currently allowed under the Schengen visitor visa.