Cases & Issues

Adjudication Two recent precedents in cases Amec Capital Projects Ltd v Whitefriars City Estates and in Emcor Drake & Scull v Costain Construction Ltd & Skanska Central Europe AB t/a Costain Skanska Joint Venture 25.11.04 CMS Cameron McKenna, Dispute Resolution

Legal Privilege Lords have handed down their
opinions on legal privilege, in favour of the protection of privilege, although there remain some areas of uncertainty; the vexed issue of 'who is the client' remains unresolved 15.11.04 CMS Cameron McKenna, Privilege Links, BCCI Links

Forum Non Conveniens Schwarzenegger case gave rise to a claim in which the question of the appropriate forum to litigate the issue came before Mr Justice Eady. The claimant was the television presenter Anna Richardson, one of a number of women who suggested that Schwarzenegger had engaged in inappropriate conduct 05.11.04 Simkins Partnership, Defamation and Libel Links

Refusal to Supply Stock management policies operated by pharmaceutical
companies for dominant products have received some important
encouragement in a preliminary opinion by Advocate General
Jacobs in the Syfait case 02.11.04 CMS Cameron McKenna, Pharmaceutical Links, EU Competition Links

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Data Protection European Commission report is vital reading for any organisation considering the Safe Harbour system, issues for European based data controllers transferring personal data to the US 10.11.04 Eversheds, Data Protection Links

Companies Bill On 29th October the Companies (Audit,
Investigations and Community Enterprise) Bill received Royal Assent. Its main provisions are designed to improve corporate governance and
accountability, to strengthen the role and independence of auditors, and to increase the powers of DTI company investigators 04.11.04 CMS Cameron McKenna, Corporate Governance Links, Company Law Links

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Information Directive With effect from 6 April 2005, new rules will come into effect requiring many organisations to establish information and consultation regimes in their workplace 01.11.04 Keeble Hawson, Employment Law Links

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Safe Harbour EU has made a new decision introducing an alternative set of standard ("model") contractual clauses for the transfer of personal data to third countries 10.11.04 Eversheds, Data Protection

Database Right which was thought to provide protection for databases beyond that afforded by standard copyright, has been narrowed, the European Court of Justice finally ruled in the case of British Horseracing Board v William Hil 10.11.04 Simkins Partnership, Copyright Links

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