April 20th in Bad Law, Law Firms, Legal News, Litigation by Editor .

Lawyers quit bulk mailing legal threats to alleged file-sharers

This scatter-gun approach to litigation has been dropped by all but one firm…

Charles Tyrwhitt UK
 

Until recently, a number of firms were engaged in the practice of sending out thousands of letters, nicknamed “speculative invoices”, threatening recipients with legal action unless they agreed to pay compensation the firms’ clients.

But that changed after consumer groups including Which? and Watchdog declared it inherently unfair and unethical, and complained to the SRA. Law firms Tilly Bailey & Irvine and Davenport Lyons both quit threatening consumers after the groups intervened. To date, the SRA has referred Davenport Lyons to its disciplinary tribunal but is still to decide whether Tilly Bailey & Irvine has a case to answer.

Computing: Law firm Tilly Bailey & Irvine (TBI) has stopped the bulk mailing of legal threats on behalf of rights holders to people accused of illegal file-sharing.

The move follows a campaign by consumer charity Which?, claiming the practice is unfair. It effectively reduces the number of UK law firms involved in bulk litigation against alleged file-sharers to one: London-based ACS Law Solicitors.

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So what about ACS? The firm has not avoided controversey, a quick browse of its Wikipedia entry gives you the picture. But the firm’s sole principal, Andrew Crossley, is unrepentant telling Computing: “I’m expecting this to become an accepted and recognised form of litigation [in the UK],” (following the Digital Economy Bill he might be right).  Crossley denies using the scatter-gun approach, saying each case is reviewed individually, and he even penning a letter to the Gazette in defence of his firm which is being investigated by the SRA.

Where there’s profit to be made…

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2 Comments

  • emma
    April 20, 2010