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'Entitlement' Cards The
Information Commisioner has voiced concerns over whether, using the current
model, entitlement cards would be in breach of the data protection act
14.02.03 Masons,
Data Protection Links
........................
Own Share Taxation Strand
Futures and Options Limited v Vojak. The High Court reversed its decision
subject to an appeal by the Inland Revenue. This case decides how a corporate
shareholder is taxed on sums that it receives from a company that purchases
its own shares from them 18.02.03 Law-Now
........................
Cybersmearing hit
the headlines in the US again this week with another large action against
former employees, this time brought by Minnetonka based credit card company
Metris against two former employees 14.02.03 Eversheds,
Cyber Libel Links
........................
Defamation & Privacy A
man whose suicide attempt was caught on CCTV, and the tape released to
the press, has brought his complaint to the European Court of Human Rights
14.02.03 Simkins,
Privacy Links,
Human Rights Links
........................
Freezing Doesn't Secure
Flightline Vs Edwards has been overturned on appeal, so that the creditor
of the company who had obtained a freezing order over assets could no
longer claim that the order created security over those assets
07.02.03 Law-Now
........................
Success For Pharmaceuticals Pharmaceutical
companies Eli Lilly, GlaxoSmithKline and Boehringer Ingelheim brought
a case against importers debranding and "co branding" being
the addition of the importer's own trade marks to replacement boxing,
both of which Mr Justice Laddie found to be unacceptable. 04.02.03 (before
judgement)
Law-Now. 06.02.03 Law-Now
........................
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US Immigration The registration
period for those required to register under the National Security Entry-Exit
Registration System ("NSEERS") has been extended by the US govt
21.02.03 Law-Now
........................
Delay and Disruption Construction
projects often have to cope with the effects of delay and disruption.
These issues are so prominent that in October of last year the Society
of Construction Law published the final form of its long consulted and
much publicised "Delay and Disruption Protocol" 18.02.03 Law-Now
........................
OPRA in CETV Relaxation OPRA
has today announced that it is relaxing the requirement
for trustees to issue statements of guaranteed cash equivalent transfer
values (CETVs) 18.02.03 Law-Now,
Pensions Links
........................
Distance Selling Issues regarding
the OFT's Distance Selling Regulations. The OFT is keen to see that consumers,
not dealing face to face with the supplier, have renewed and increased
confidence when purchasing goods and
services by distance communication 12.02.03 Eversheds
........................
Non-Exec Directors Analysis
in to the Higgs report on non-executive directors in public limited companies
10.02.03 Law-Now,
Higgs Report Links
........................
Tax Credit The Community Investment
Tax Credit can be
claimed by companies as well as individuals. The amount of relief is 5
per cent (annually, each year for five years) of the amount "invested"
in a "CDFI" or Community Development Finance Institution 06.02.03
Law-Now
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Hairdresser Protected
Because a hairdresser's clients followed him from one salon to
another, he
gained employment law protection, the Employment Appeals Tribunal has
ruled 28.02.03 Cloisters
........................
Two Tier Workforce End The
Government has announced plans to make sure that all public sector workers
get treated fairlyThe measures provide that private sector contractors
will no
longer be able to employ new recruits on substantially different terms
and conditions from transferred employees 28.02.03 Law-Now
........................
EU Privacy Consultation A working
document examining the application of EU data protection legislation in
the area of video surveillance has been issued by the European Union’s
Working Party on data protection 27.02.03 Masons,
Privacy Links
........................
Dress Codes
An employee of the Department of Work and Pensions is taking his employer
to a tribunal for sex discrimination over their dress code. The code stipulates
that men must wear a collar and a tie to work but there are no similar
provisions in place for women 25.02.03 Keeble
Hawson, Sex
Discrimination Links
........................
Random Drug Tests Under the
Hum Rights Act an employee has to have respect for their private life.
However, if a random drugs test is part of the employees contract, then
it is ok to dismiss them if it tests positive 25.02.03 Keeble
Hawson
........................
Homeworker Rights Following
concerns that many UK homeworkers are currently not receiving the national
minimum wage, the DTI yesterday published proposals to change the rules
on the ways in which this category of employees is paid. 18.02.03 Masons
........................
PILON Clauses In this month's
Tax Bulletin, the Inland Revenue has produced new guidance for the tax
treatment of payments in lieu of notice (PILONs) 18.02.03 Daniel
Barnett
........................
New TUPE Regulations The long-awaited
draft TUPE regulations are now being promised to us in "the first
half of this year", with a view to consultation enabling a vote in
parliament in autumn 17.02.03 Daniel
Barnett
........................
eAccesibility Resolution The
European Council has recently published a Resolution, aiming to improve
access to technology for disabled persons 14.02.03 Law-Now,
Disability
Links
........................
Disabled Employees Statistics revealed
in a report regarding employee retention following sickness or disability
15.02.03 Daniel
Barnett
........................
Employment Act 2002 The introduction
of statutory dismissal, disciplinary and grievance procedures, set out
in the Employment Act 2002, has been delayed.
Instead there is now to be consultation this summer with implementation
expected in April 2004 13.02.03 Law-Now
........................
Holiday Pay for Kids
A Paperboy has brought a case against the National Federation of Retail
Newsagents claiming that his employers unlawfully deducted holiday pay
from his wages 12.02.03 Keeble
Hawson
........................
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IP/ICT
Bird
& Bird
Brian Barr
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Barnett
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Partnership
Check
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Music A session musician who wrote
the violin part for The Bluebells song 'Young At Heart' has one a share
in the copyright 27.02.03 Simkins
........................
Bertelsmann Sued The German media
giant is being sued over alleged funding of wide spread copyright infringement
aka Napster 21.02.03 Masons
........................
Bud v. Bud US
beer giant Anheuser-Busch has lost a court battle against Budejovicky
Budvar, who owns the Budwieser brand 18.02.03
Masons
........................
Loophole for CD Burning? Under
the Copyright, Designs and Patents Act 1988 you may record a cable programme
for consumption at a more convenient time. Does the internet count as
sending visual images, sounds or other information by means of a wired
telecommunications system? 19.02.03 Simkins,
Piracy Links
........................
Visible Links Patent An American
ISP has claimed that it owns a patent which covers links that stay visible
on the website page and don't change during navigation 03.02.03 Eversheds,
Patent Links
........................
Napster.no More A Norwegian
court has ruled in favour of the record industry, fining the Scandinavian
Napster rip-off 100,000 kroner 05.02.03 Eversheds,
Piracy
Links
.........................
Bootleg Domains Companies
are being told that some domains are what they aren't. For instance .ni,
the country code for Nicaragua, being sold as Northen Ireland 06.02.03
Eversheds
.........................
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Family + Injury + Property
Listed Building
Consent A brief description of what it means for a building to
be listed 27.02.03 Law-Now
Sponsored Links
Compulsory Purchase Bill The Planning and
Compulsory Purchase Bill has now passed through its Committee stage in
the House of Commons. The Bill is likely to be in the House of Lords by
Easter 20.02.03 Law-Now
........................
Bankrupt's
Home Under the Enterprise Act 2002 property belonging to a bankrupt,
which is the principal dwelling house of the bankrupt, will re-vest in
the bankrupt after three years of the date of the bankruptcy 20.02.03
Keeble
Hawson
........................
Protection for New Buyers First
time buyers are to be given new rights to prevent them moving in to partially
built properties 05.02.03 Keeble
Hawson
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