DEAPPG/Consumer Focus Event: ACS Law and the deact

This panel event finally took place in the Thatcher Room in Portcullis House, on Tuesday 22nd March (4.00-6.30pm) having been moved from the smaller Wilson Room at the last minute; mainly because of increased demand for places. We had originally thought a small round table event would suit. The panel was made up of Saskia Walzel (Consumer Focus), Michael Forrester (Ralli Solicitors), Francis Davey (Barrister), Mathew X (Being Threatened). The Chair was Eric Joyce MP (deappg). There was lively discussion with the audience after presentations from the panel. We heard from Lord Clement-Jones, Emily Cleevely (Publisher’s Association) James Firth (DaltonFirth) and Richard Clayton (Highwayman Associates). The event was covered by PC Pro in their blog Eric Joyce MP was also interviewed by Nicole Kobie for his comments on the deact.

Mathew X from Being Threatened spoke first you can see some video of that here and get his handout on Speculative Invoicing here.

Michael Forrester from Ralli Solicitors spoke second sharing quotes and anecdotes from the court case: you can download his presentation here:

His Honour Judge Birss QC stated at paragraph 21 of Media CAT Ltd v Adams & Ors [2011] EWPCC 6:

“it is easy for seasoned lawyers to under-estimate the effect a letter of this kind could have on ordinary members of the public. This court’s office has had telephone calls from people in tears having received correspondence from ACS:Law on behalf of Media CAT. Clearly a recipient of a letter like this needs to take urgent and specialist legal advice. Obviously many people do not and find it very difficult to do so. Some people will be tempted to pay, regardless of whether they think they have actually done anything, simply because of the desire to avoid embarrassment and publicity given that the allegation is about pornography. Others may take the view that it all looks and sounds very official and rather than conduct a legal fight they cannot afford, they will pay £495. After all the letter refers to an order of the High Court which identified them in the first place. Lay members of the public will not know the intricacies of the Norwich Pharmacal jurisdiction. They will not appreciate that the court order is not based on a finding of infringement at all.”

While Michael and Mathew moved  the crowd by sharing their experience of the ACS Law case, Francis Davey, Barrister, went further to describe some of the problems that might reasonably be expected with the deact in the near  future. He  can be seen and heard in our you tube video clip here.