Civil courts for rights holders

Treadmore · New Member Joined: 26 Jul 2007 Posts: 7

After the recent Oink case http://www.gazettelive.co.uk/news/teesside-news/2010/01/16/oink-website-owner-cleared-by-jury-at-teesside-crown-court-84229-25615291/ the defence solicitor said: “The Court of Appeal has recently ruled that the criminal courts are not the correct forum for rights holders to seek to protect these rights and this is the role of the civil courts."

Does anyone know which Court Appeal case is referenced?

AndyJ · Sage Joined: 29 Jan 2010 Posts: 397

I think this was Gilham v R [2009] EWCA Crim 2293 (09 November 2009). The system won't allow me to post a link here because I'm a newbie, so I'll try and pm you the link.

Treadmore · New Member Joined: 26 Jul 2007 Posts: 7

Thank you

Treadmore · New Member Joined: 26 Jul 2007 Posts: 7

yep, last para refers to my question - thanks again.

On another point, ianal but that analysis regarding the mod chip by the judge seems to me to be plain wrong Shocked