++++++++++++++
DATED5TH DAY OF MAY 2010
THE SECRETARY OF STATE FOR JUSTICE
-AND-
COURTEL COMMUNICATIONS LIMITED
______
LICENCE AGREEMENT
For the publication of County Court Lists
Produced by Her Majesty’s Courts Service
on the Courtel website
distribution via Courtel’s CourtServe 2000
System and Email Express Services
______
Her Majesty’s Courts Service Headquarters
102 Petty France
LondonSW1H 9AJ
THIS LICENCE AGREEMENT dated the 5thday of May2010
BETWEEN:
THE SECRETARY OF STATE FOR JUSTICE acting through his representative at HER MAJESTY’S COURTS SERVICE of 102 Petty France, LondonSW1H 9AJ (the "Authority")
AND
COURTEL COMMUNICATIONS LIMITED a company registered in England under Registration Number 03725998 and whose registered office is situate at Allen House, Station Road, Egham, Surrey TW20 9NT (the "Licensee")
RECITALS
- The Authority is the author and owner of the Lists produced for the County Courts of EnglandWales listing those cases scheduled to be heard each day and has agreed to supply such Lists to the Licensee.
- The Licensee is the author and owner of the website , the CourtServe 2000 System and the Email Express Servicewhich provides information relating to many of the Courts of EnglandWales in electronic format for the benefit of members of the legal profession and also members of the general public.
- The Authority has agreed that the Licensee may create electronic versions of the Lists scheduled to be heard in named County Courts for publication on its website,distribution by the Email Express Serviceand/or distribution by the CourtServe 2000 Systemas applicable, subject to the conditions set out in this Licence Agreement.
The Authority grants the Licensee an exclusive, perpetual license to publish the Lists on its website and to publish and distribute the Lists via its Email Express Service and CourtServe 2000 System for the County Courts listed in Schedule 1 to this Licence Agreement, subject to the following terms and conditions.
1.DEFINITIONS AND INTERPRETATION
"CourtServe 2000 System" means the secure information distribution system and application software (including any variants, upgrades and successor systems) designed, implemented and owned by the Licensee.
"Data"means the information content of the transmitted list such as case number, claimant, defendant’s name, defending solicitor, Judge, courtroom, time, etc. Specifically it is the data items which comprise the list examples detailed in Schedule 2 of this Licence Agreement including any standard text which appears on a list and the relationships between these data items.
"Data Protection Legislation" means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
"Data Subject" shall have the same meaning as set out in the Data Protection Act 1998.
"Email Express Service" means the email based information distribution system (including any variants, upgrades and successor systems) designed, implemented and owned by the Licensee.
"Law"means any applicable Act of Parliament, subordinate legislation within the meaning of section 21(1) of the Interpretation Act 1978, exercise of the Royal Prerogative, enforceable community right within the meaning of section 2 of the European Communities Act 1972, regulatory policy, guidance or industry code, judgment of a relevant court of law, or directives or requirements or any Regulatory Body with which the Licensee is bound to comply.
"Licence Agreement"means these terms and conditions and schedules.
"Licensee’s Personnel" means all employees, agents, consultants and contractors of the Licensee and/or of any sub-contractor.
"List" means Cause, Trial, District Judges and all other County Court lists, collectively "Lists".
"Process"has the meaning given to it under the Data Protection Legislation and, for the purposes of this Licence Agreement, it shall include both manual and automatic processing.
"Regulatory Bodies" means those government departments and regulatory, statutory and other entities, committees, ombudsmen and bodies which, whether under statute, rules, regulations, codes of practice or otherwise, are entitled to regulate, investigate, or influence the matters dealt with in this Licence Agreement or any other affairs of the Authority and "Regulatory Body" shall be construed accordingly.
The interpretation and construction of this Licence Agreement shall be subject to the following provisions:
(a)Words importing the singular meaning include where the context so admits the plural meaning and vice versa.
(b)Words importing the masculine include the feminine and the neuter.
(c)Reference to a condition is a reference to the whole of that condition unless stated otherwise.
(d)Reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent enactment, modification, order, regulation or instrument as subsequently amended or re-enacted.
(e)References to any person shall include natural persons and partnerships, firms and other incorporated bodies and all other legal persons of whatever kind and however constituted.
(f)The words "include", "includes" and "including" are to be construed as if they were immediately followed by the words "without limitation".
(g)Headings are included in this Licence Agreement for ease of reference only and shall not affect the interpretation or construction of this Licence Agreement.
2.This Licence Agreement may be revoked by the Authority at any time upon twelve (12) months’ written notice, subject to condition 11 below.
3.The Licensee may publish the Lists on its website and distribute the Lists via its Email Express Service and CourtServe 2000 System for the benefit of, but not exclusively, members of the legal profession, the news media and the general public.
4.If requested to do so by the Authority and subject to the provisions of the Data Protection Legislation, the Licensee will provide the Authority with details of the subscribersto its CourtServe 2000 System and Email Express services within fourteen (14) days of a written request by the Authority. Subject to the provisions of the Data Protection Legislation, details of subscribers will include date of subscription, contact addresses and the Lists which each subscriber receives. The Authority undertakes to treat any information relating to subscribers which it receives from the Licensee as Commercial in Confidence.
5.The Licensee will comply with the following data protection provisions: -
5.1The Licensee shall:
5.1.1Process the Data only to the extent, and in such manner, as is necessary for the provision of the Lists or as is required by Law or any Regulatory Body;
5.1.2retain the Data for a reasonable period proportionate to the purpose for which the Data is supplied;
5.1.3implement appropriate technical and organisational measures to protect the Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorised or unlawful Processing, accidental loss, destruction or damage to the Data and having regard to the nature of the Data which is to be protected;
5.1.4take reasonable steps to ensure the reliability of any Licensee’s Personnel who have access to the Data;
5.1.5obtain prior written consent from the Authority in order to transfer the Data to any sub-contractors or affiliates;
5.1.6notify the Authority (within five working days) if it receives:
5.1.6.1a request from a Data Subject to have access to that person's Data; or
5.1.6.2a complaint or request relating to the Authority's obligations under the Data Protection Legislation;
5.1.7provide the Authority with full co-operation and assistance in relation to any complaint or request made, including by:
5.1.7.1providing the Authority with full details of the complaint or request;
5.1.7.2complying with a data access request within the relevant timescales set out in the Data Protection Legislation and in accordance with the Authority's instructions;
5.1.7.3providing the Authority with any Data it holds in relation to a Data Subject (within the timescales required by the Authority); and
5.1.7.4providing the Authority with any information that is reasonably requested by the Authority;
5.1.7.5 on the written instructions of the Authority, not publish any Data identified by the Authority as to be withheld from publication.
5.2The Licensee shall comply at all times with the Data Protection Legislation and shall not perform its obligations under this Licence Agreement in such a way as to cause the Authority to breach any of its applicable obligations under the Data Protection Legislation.
5.3The Licensee shall comply at all times with the provisions of the Official Secrets Acts 1911 to 1989.
6.The Authority will use its best endeavours to provide Data which is free of errors but gives no warranty as to the accuracy or completeness of the Lists. The Lists are subject to changes at short notice at the discretion of the Courts.
7.The Authority will notify the Licensee of any planned upgrade or modification of the Authority’s e-Diary system referred to in part 2 of Schedule 1 no later than 3 months before any upgrade begins. The Authority will discuss and agree any necessary changes to the transmission of the Lists to the Licensee no later than 3 months prior to any such upgrade.
8.The Authority shall advise the relevant personnel at all of the County Courts that they are authorised to co-operate with the Licensee and to use reasonable efforts with such co-operation in the distribution of the Lists and in advising court users of the online facility.
9.The Authority will refer end-users to the Licensee’s website as specified in Schedule 5 and subject to a minimum of 9 months notice in writing, shall not publish the Lists on its own website.
10.The Lists and Her Majesty’s Courts Service logo remain Crown Copyright. The Licensee cannot assign copyright to any recipient and must take all reasonable steps to make website users and subscribers aware that the Lists shall not be further distributed, copied or otherwise transmitted without the prior written approval of the Authority. The Licensee shall acknowledge the Authority as the source of the Lists and Data.
11.The Authority reserves the right to terminate this Licence Agreement in writing with immediate effect in the event of a breach of its obligations under this Licence Agreement by the Licensee. The Authority further reserves the right to terminate this Licence Agreement in writing with immediate effect in the event of the Licensee’s insolvency.
12.The Licensee shall not assign or sub-contract this Licence Agreement without the prior written consent of the Authority.
13.The Licensee shall not make any press announcements or publicise this Licence Agreement in any way. The Licensee shall ensure that its personnel comply with this condition.
13.1The Licensee shall not offer or give, or agree to give, to the Authority or any person employed by or on behalf of the Authority any gift or consideration of any kind as an inducement or reward for doing, refraining from doing, or for having done or refrained from doing, any act in relation to the obtaining or execution of this Licence Agreement or any other contract with the Authority, or for showing or refraining from showing favour or disfavour to any person in relation to this Licence Agreement or any such agreement.
13.2The Licensee warrants that it has not paid commission or agreed to pay commission to the Authority or any person employed by or on behalf of the Authority in connection with this Licence Agreement.
13.3If the Licensee, its personnel or anyone acting on the Licensee’s behalf, engages in conduct prohibited by conditions 13.1 or 13.2, the Authority may:
13.3.1terminate this Licence Agreement with immediate effect and recover from the Licensee the amount of any loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the term; or
13.3.2recover in full from the Licensee any other loss sustained by the Authority in consequence of any breach of those conditions.
14.This Licence Agreement constitutes the entire understanding between the parties relating to the subject matter of this Licence Agreement and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
15.A person who is not a party to the Licence Agreement shall have no right to enforce any of its provisions which, expressly or by implication, confer a benefit on him, without the prior written agreement of both parties. This condition does not affect any right or remedy of any person which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999 and does not apply to the Crown.
16.No amendment or variation of this Licence Agreement shall be valid unless agreed in writing and signed by both parties.
17.This Licence Agreement shall be governed by and construed in accordance with the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
IN WITNESS of which this Licence Agreement has been duly executed by the parties.
SIGNED for and on behalf ofSIGNED for and on behalf of
THE SECRETARY OF STATECOURTEL COMMUNICATIONS
FOR JUSTICE byLIMITED by
SignatureSignature
NameName
TitleTitle
Page 1
SCHEDULE 1
PARTICIPATING COUNTY COURTS AND LISTS
1.Table of Participating County Courts
COURT CENTRE1 / Aberdare
2 / Aberystwyth
3 / Accrington
4 / Aldershot & Farnham
5 / Altrincham
6 / Ashford
7 / Aylesbury
8 / Banbury
9 / Barnet
10 / Barnsley
11 / Barnstaple
12 / Barrow-In-Furness
13 / Basildon
14 / Basingstoke
15 / Bath
16 / Bedford
17 / Birkenhead
18 / Birmingham
19 / Bishop Aukland
20 / Blackburn
21 / Blackpool
22 / Blackwood
23 / Bodmin
24 / Bolton
25 / Boston
26 / Bournemouth
27 / Bow
28 / Bradford
29 / Brecknock
30 / Brentford
31 / Bridgend
32 / Brighton
33 / Bristol
34 / Bromley
35 / Burnley
36 / Burton-Upon-Trent
37 / Bury
38 / Bury St. Edmunds
39 / Buxton
40 / Caernarfon
41 / Cambridge
42 / Canterbury
43 / Cardiff
44 / Carlisle
45 / Carmarthen
46 / Central London
47 / Chelmsford
48 / Cheltenham
49 / Chester
50 / Chesterfield
51 / Chichester
52 / Chorley
53 / Clerkenwell
54 / Colchester
55 / Consett
56 / Conwy & Colwyn
57 / Coventry
58 / Crewe
59 / Croydon
60 / Darlington
61 / Dartford
62 / Derby
63 / Dewsbury
64 / Doncaster
65 / Dudley
66 / Durham
67 / Eastbourne
68 / Edmonton
69 / Epsom
70 / Evesham
71 / Exeter
72 / Gateshead
73 / Gloucester
74 / Grantham
75 / Gravesend
76 / Great Grimsby
77 / Guildford
78 / Halifax
79 / Harlow
80 / Harrogate
81 / Hartlepool
82 / Hastings
83 / Haverfordwest
84 / Haywards Heath
85 / Hereford
86 / Hertford
87 / High Wycombe
88 / Hitchen
89 / Horsham
90 / Huddersfield
91 / Huntingdon
92 / Ilford
93 / Ipswich
94 / Keighley
95 / Kendal
96 / Kettering
97 / Kidderminster
98 / King's Lynn
99 / Kingston-Upon-Hull
100 / Kingston-Upon-Thames
101 / Lambeth
102 / Lancaster
103 / Leeds
104 / Leicester
105 / Leigh
106 / Lewes
107 / Lincoln
108 / Liverpool
109 / Llanelli
110 / Llangefni
111 / Lowestoft
112 / Ludlow
113 / Luton
114 / Maccelsfield
115 / Maidstone
116 / Manchester
117 / Mansfield
118 / Mayor & City Of London
119 / Medway
120 / Melton Mowbray
121 / Merthyr Tydfil
122 / Milton Keynes
123 / Mold
124 / Morperth & Berwick
125 / Neath & Port Talbot
126 / Nelson
127 / Newark
128 / Newbury
129 / Newcastle Upon Tyne
130 / Newport [South Wales]
131 / Newport [I.O.W]
132 / Northampton
133 / North Shields
134 / Northwich
135 / Norwich
136 / Nottingham
137 / Nuneaton
138 / Oldham
139 / Oswestry
140 / Oxford
141 / Penrith
142 / Penzance
143 / Peterborough
144 / Plymouth
145 / Pontefract
146 / Pontypool
147 / Pontyprid
148 / Poole
149 / Portsmouth
150 / Preston
151 / Rawtenstall
152 / Reading
153 / Redditch
154 / Reigate
155 / Rhyl
156 / Romford
157 / Rotherham
158 / Rugby
159 / Runcorn
160 / St. Albans
161 / St.Helens
162 / Salford
163 / Salisbury
164 / Scarborough
165 / Scunthorpe
166 / Sheffield
167 / Shoreditch
168 / Shrewsbury
169 / Skegness
170 / Skipton
171 / Slough
172 / Southampton
173 / Southend
174 / Southport
175 / South Shields
176 / Stafford
177 / Staines
178 / Stockport
179 / Stoke-On-Trent
180 / Stourbridge
181 / Stratford-Upon-Avon
182 / Sunderland
183 / Swansea
184 / Swindon
185 / Tameside
186 / Tamworth
187 / Taunton
188 / Teeside
189 / Telford
190 / Thanet
191 / Torquay & Newton Abbot
192 / Trowbridge
193 / Truro
194 / Tunbridge Wells
195 / Uxbridge
196 / Wakefield
197 / Walsall
198 / Wandsworth
199 / Warrington
200 / Warwick
201 / Watford
202 / Wellingborough
203 / Welshpool & Newton
204 / West London
205 / Weston-Super-Mare
206 / Weymouth
207 / Whitehaven
208 / Wigan
209 / Willesden
210 / Winchester
211 / Wolverhampton
212 / Woolwich
213 / Worcester
214 / Worksop
215 / Worthing
216 / Wrexham
217 / Yeovil
218 / York
2.e-Diary Deployment Status
The Authority shall provide the Licensee with the e-Diary deployment status for each of the County Courts listed in the table of this schedule and inform the Licensee of any changes.
In particular, the e-Diary deployment status shall include answers to the following questions for each County Court:
a)Is e-Diary employed and if not, what is the planned installation date (if any)?
b)Which Lists are published (e.g. consolidated Daily Cause, District Judges & Circuit Judges, Family, PCOL, Bankruptcy, High Court hearings, other)?
c)For each of the Lists, what system/application (and version if available) is used to publish it (e-Diary, Microsoft Word, Microsoft Excel or other)?
Page 1
SCHEDULE 2
LISTS FORMAT
1.Pree-DiaryCountyCourts
Until the introduction of e-Diary, the number of lists, the list types, their frequency, their format, their file type and their file names vary for each court and from day to day.
Such County Courts shall use reasonable efforts to produce the lists in a consistent format. In particular the lists should:
a)contain the full name of the court;
b)contain the full date including a 4 digit year e.g. “22 May 2007”;
c)contain the title of the list e.g. “Daily Cause”;
d)contain the full name of the Judge when produced on a per Judge basis;
e)cover a period of at least one day and not be split into separate listing documents for Morning and Afternoon sessions;
f)contain (ideally) an edition number to facilitate amendments; and