Fair Dealing in UK Law

Leading Cases
  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 May 2004

    It must now be accepted that (at least in this Court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property. includes the arrangements which they make from time to time in order to meet the outgoings (for example, mortgage contributions, council tax and utilities, repairs, insurance and housekeeping) which have to be met if they are to live in the property as their home.

  • Federal Commerce & Navigation Company Ltd v Molena Alpha Inc. (Benfri, Lorfri, Nanfri)
    • Court of Appeal (Civil Division)
    • 18 Apr 1978

    We have to ask ourselves: What should we do now so as to ensure fair dealing between the parties? It is only cross-claims that arise out of the same transaction or are closely connected with it. And it is only cross-claims which go directly to impeach the plaintiff's demands, that is, so closely connected with his demands that it would be manifestly unjust to allow him to enforce payment without taking into account the cross-claim.

  • Director General of Fair Trading v First National Bank Plc
    • House of Lords
    • 25 Oct 2001

    Openness requires that the terms should be expressed fully, clearly and legibly, containing no concealed pitfalls or traps. Fair dealing requires that a supplier should not, whether deliberately or unconsciously, take advantage of the consumer's necessity, indigence, lack of experience, unfamiliarity with the subject matter of the contract, weak bargaining position or any other factor listed in or analogous to those listed in Schedule 2 of the regulations.

  • Pro Sieben Media A.G. v Carlton U.K. Television Ltd
    • Court of Appeal (Civil Division)
    • 17 Dec 1999

    'Criticism or review' and 'reporting current events' are expressions of wide and indefinite scope. Any attempt to plot their precise boundaries is doomed to failure. However it can be said that the nearer that any particular derivative use of copyright material comes to the boundaries, unplotted though they are, the less likely it is to make good the fair dealing defence.

  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 Oct 1988

    The courts have, however, always refused to uphold the right to confidence when to do so would be to cover up wrongdoing. In Gartside v. Outram (1857) 26 L.J. Ch. 113, it was said that there could be no confidence in iniquity. In certain circumstances the public interest may be better served by a limited form of publication perhaps to the police or some other authority who can follow up a suspicion that wrongdoing may lurk beneath the cloak of confidence.

  • Hubbard v Vosper
    • Court of Appeal (Civil Division)
    • 19 Nov 1971

    Hubbard owns the copyright, nevertheless, Mr. Vosper has a defence of fair dealing; and, although Mr. Hubbard may possess confidential information, nevertheless, Mr. Vosper has a defence of public interest. These defences are such that he should be permitted to go ahead with the publication. The reason is because the defendant, if he is right, is entitled to publish its and the law will not intervene to suppress freedom of speech except when it is abused.

  • Jones v Kernott
    • Supreme Court
    • 09 Nov 2011

    (4) In those cases where it is clear either (a) that the parties did not intend joint tenancy at the outset, or (b) had changed their original intention, but it is not possible to ascertain by direct evidence or by inference what their actual intention was as to the shares in which they would own the property, should be given a broad meaning, enabling a similar range of factors to be taken into account as may be relevant to ascertaining the parties' actual intentions.

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Legislation
  • Companies (Fair Dealing by Directors) (Increase in Financial Limits) Order 1990
    • UK Non-devolved
    • January 01, 1990
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... the creation of a Pubs Code and Adjudicator for the regulation of dealings by pub-owning businesses with their tied pub tenants; to make provision ... of the kind mentioned in subsection (2)(a) are accessible and fair to businesses;. . . (b) recommendations to the relevant regulator about ......
  • Copyright Act 1911
    • UK Non-devolved
    • January 01, 1911
    ......copyright:— . . (i) Any fair dealing with any work for the purposes of. private study, research, ......
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • January 01, 1988
    ...... S-23 . Secondary infringement: possessing or dealing with infringing copy. 23 Secondary infringement: possessing or dealing ... Research and private study. 29 Research and private study. . (1) Fair dealing with a literary, dramatic, musical or. artistic work for the ......
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Books & Journal Articles
  • COPYRIGHT AND LIBRARIES IN THE UNITED KINGDOM
    • Nbr. 14-2, February 1958
    • Journal of Documentation
    • 45-55
    Recent changes in the British law of copyright make it opportune to survey the principal ways in which it now affects libraries, and this is done in the present paper, which also gives a short acco...
    ...... discusses the alternatives offered to libraries in some cases by the 'fair dealing' exceptions and the special library exceptions. Preliminaries The ......
  • Copyright in a networked world: permissions services
    • Nbr. 20-4, December 2002
    • Library Hi Tech
    • 472-476
    What happens when “fair use”, “fair dealing”, face‐to‐face teaching guidelines and other copyright exceptions do not apply? Only three choices remain: give up plans to use the protected work, make ...
    ...... world:permissions servicesMichael SeadleWhat happens when ``fair use'', ``fair dealing'',face-to-face teaching guidelines and ......
  • Price fairness
    • Nbr. 17-5, August 2008
    • Journal of Product & Brand Management
    • 353-355
    Purpose: The purpose of this article is to integrate the various strands of fair price research into a concise conceptual model. Design/methodology/approach: The proposed price fairness model is b...
    ...... model depicts seven components of a fair price: distributive fairness, consistent behaviour, personal respect andregard for the partner, fair dealing, price honesty, price reliability, and influence/right of co-determination.Practical implications – Since buyers’ purchase decisions are ......
  • The Interpretation of European Private Law in the Light of Market Freedoms and EU Fundamental Rights
    • Nbr. 15-3, September 2008
    • Maastricht Journal of European and Comparative Law
    Recent initiatives in the area of European private law seem to rely ever more extensively on very broad, general and vague provisions, in particular the concept of ‘good faith and fair dealing’, a ...
    ...... vague provisions, in pa rticular the concept of ‘good faith and fair dealing’, a concept already prese nt in the acquis communautaire . ......
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