F1Unjustified threats
26DProfessional advisers
1
Proceedings in respect of an actionable threat may not be brought against a professional adviser (or any person vicariously liable for the actions of that professional adviser) if the conditions in subsection (3) are met.
2
In this section “professional adviser” means a person who, in relation to the making of the communication containing the threat—
a
is acting in a professional capacity in providing legal services or the services of a trade mark attorney or a patent attorney, and
b
is regulated in the provision of legal services, or the services of a trade mark attorney or a patent attorney, by one or more regulatory bodies (whether through membership of a regulatory body, the issue of a licence to practise or any other means).
3
The conditions are that—
a
in making the communication the professional adviser is acting on the instructions of another person, and
b
when the communication is made the professional adviser identifies the person on whose instructions the adviser is acting.
4
This section does not affect any liability of the person on whose instructions the professional adviser is acting.
5
It is for a person asserting that subsection (1) applies to prove (if required) that at the material time—
a
the person concerned was acting as a professional adviser, and
b
the conditions in subsection (3) were met.
Ss. 26-26F and cross-heading substituted for s. 26 (1.10.2017) by Intellectual Property (Unjustified Threats) Act 2017 (c. 14), ss. 4(3), 8; S.I. 2017/771, reg. 2(1)(b) (with reg. 3)