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22 November 2018 / John Tanburn
Issue: 7818 / Categories: Features , Technology , In Court
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Mending the net

​Is it time for a specialist IT court to tackle torts committed online? John Tanburn weighs up the evidence

  • A specialised IT division of the High Court and technically-enabled county courts are needed to address torts committed online.
  • Court structure after Brexit needs to be determined now.

Torts are committed with impunity on the web: driving children to suicide, shredding reputations, threatening death and rape, leaving victims without redress. The law has always provided remedies against such torts, but has so far failed to do so when they are committed online. This will not do. The very credibility of the law is at stake unless its rule extends to the web, where many people live their working and social lives.

In the Investigatory Powers Act 2016 (IPA 2016) and the Digital Economy Act 2017, the government has taken enormous powers in the name of tackling ‘extremism’ (which can mean anything the government does not like). With rather less resources, the National Cyber Crime Unit (NCCU) seeks to tackle online crime. But nothing has yet been done to take the civil law online (The Briggs proposals

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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