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May 2003

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Cases & Issues

Freedom of Speech In the March 2002 early warning we reported on the Court of Appeal decision
in the application for judicial review by the Pro-Life Alliance Party. The
Pro-Life Alliance won that Appeal 20.05.03 Simkins
........................

Douglas & Zeta Jones Both sides claimed victory in the much-publicised case brought by Michael Douglas and Catherine Zeta Jones and the publishers of OK! magazine against Hello! Was this simply a
case of both parties seeking to gain the best publicity possible? 15.05.03 Law-Now, Privacy Links
........................

John Doe Commonwealth law was used as a precedent to introduce John Doe to English law in the case of the missing Harry Potter books, where there was no obvious defendent 29.05.03 Simkins
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Asbestos T&N (In Administration) today won its case against its
employers' liability (EL) insurers in relation to coverage for asbestos liabilities 09.05.03 Law-Now Asbestos Links
........................

BAA Golden Share The ECJ rules the governments golden share in BAA illegal 14.05.03 Law-Now

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Business

Data Protection A recent press release from the Health and Safety Executive (HSE) just goes
to show that businesses need to continue to think not just seriously about
data protection, but also laterally! 20.05.03 Eversheds
........................

Mediation Clinical Negligence Mediation has been brought into the spotlight by the conclusion of the Alder Hey Children's Hospitals inquiry 16.05.03 Keeble Hawson
........................

New Tax Act The Income Tax (Earnings and Pensions) Bill, referred to in my bulletin dated 5/12/02, has now been enacted and is available on the internet 15.05.03 Daniel Barnett
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Finance Bill The Chancellor's speech on Budget Day gave no hint
of the fine print and the myriad of changes affecting share incentives which would follow, first in the press releases and subsequently in the Finance Bill 15.05.03 Law-Now, UK Tax Law Links
........................

California Civil Code If you are trading online, and have customers in California, there are some important changes to the Civil Code which may interest you 13.05.03 Eversheds
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Waste Management Last week on Tuesday 6 May 2003 DEFRA published the Government's response to the Strategy Unit (SU) report on tackling the UK's growing waste crisis 14.05.03 Law-Now
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3G Phones The European Commission has confirmed that sharing 3G site infrastructure ("site sharing") between mobile operators ("MNO's") does not, in itself, raise competition concerns 14.05.03 Law-Now
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Unconditional Bank Guarantees are sometimes used in construction contracts as security for a contractor's performance. They are seen to be useful because they
provide the holder of the bank guarantee with a ready source
of cash 08.05.03
Law-Now
........................

Fees for Mortgage FirmsThe FSA has recently issued its consultation paper (CP180) on the fees likely to be paid by mortgage firms and
insurance intermediaries pursuant to FSA regulation of mortgage activities 03.05.03 Law-Now
........................

Enterprise Act Details on the implementation of the Enterprise Act 02.05.03 Law-Now
........................

Oftel in BT Regulation Oftel has published proposals to impose regulatory controls on BT in relation to wholesale broadband
access 03.05.03 Law-Now
........................

Animal By-Products Regulations coming in to force on 1st May regarding animal by-products not intended for human consumption 01.05.03 Law-Now
........................

Vodafone Unreglated Oftel has proposed to remove SMP controls on Vodafone and O2 01.05.03 Law-Now

Employment

Dispute Resolution According to a report on Croner's Human Resource Centre website, the government has warned of yet further delay before the mandatory statutory dispute resolution procedures come into force 20.05.03 Daniel Barnett
........................

Citizens Abroad A decision of the Employment Appeal Tribunal (EAT) in March considers the
extent to which a tribunal is entitled to hear a claim for unfair dismissal
brought by a UK citizen working abroad 15.05.03 Simkins, Employment Law Links
........................

Disability At the end of last week the Government published a further draft set of regulations relating to the Disability Discrimination Act 1995 14.05.03 Law-Now, Daniel Barnett, Disability Links
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Stress Damages We have seen an increase in stress claims since the case of Walker v Northumberland County Council (1995) in which the High Court ordered Northumberland County Council to pay damages to an ex-employee 09.05.03 Keeble Hawson
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Rolled Up Holiday Pay A Conclsion is reached on the subject of rolled up holiday pay by the Scottish Court of Session 13.05.03 Simkins
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EAT Decision Chief Constable of Kent County Constabulary v Baskerville.Another decision on the Liversidge and McGlennon series of cases, holding that chief constables are not vicariously liable for acts of harassment by one police officer upon another 13.05.03 Daniel Barnett
........................

Stakeholder Compliance OPRA is launching a campaign to make sure employers are complying
with their duties to offer their employees access to a stakeholder
pension scheme 14.05.03 Law-Now
........................

Stress Damages Employers have an obligation to make the workplace stress free 09.05.03 Keeble Hawson
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Fees for Mortgage FirmsThe FSA has recently issued its consultation paper (CP180) on the fees likely to be paid by mortgage firms and
insurance intermediaries pursuant to FSA regulation of mortgage activities 03.05.03 Law-Now
........................

Oftel in BT Regulation Oftel has published proposals to impose regulatory controls on BT in relation to wholesale broadband
access 03.05.03 Law-Now
........................

EAT Decisions Nottinghamshire Healthcare NHS Trust Vs. Prison Officers' Association, Ree Vs. Redrow Homes and Pacific Direct Vs. Riaz 02.05.03 Daniel Barnett
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IP/ICT

LegalCommentary
Contributors

Bird & Bird
Brian Barr Solicitors
CMS Cameron McKenna
Daniel Barnett
Eversheds
Keeble Hawson
Masons
QC Services
Simkins Partnership
Check Directory of Firms

Domain Deregulation Following the recent e80 article on the deregulation of .cn names, there has
been further relaxation of the restrictions on companies registering country
code top level domains (ccTLDs) Eversheds
........................

Pop-Up Ad Patent A Nevada based company is selling a patent for a certain type of pop-up ad which is described as one of the most widely infringed patents ever issued by the US Patent & Trademark Office 13.05.03
Masons
........................

Govt Seizes Comms Info Law enforcement and investigation agencies are now making around a
million requests a year for telephone billing data, e-mail logs, personal
details of customers, according to estimates by Privacy International 15.05.03 Masons
........................

MP3 Sabotage The RIAA has decided to invest in software to sabotage users of P2P networks infringing copyright 06.05.03 Masons Madonna joins the fray 09.05.03 Eversheds
........................

Orange™The European Court of Justice decided this week that a colour can be registered as a trade mark 07.05.03 Masons
........................

.pro Domain RegistryPro, the organisation responsible for the soon-to-be-launched .pro domain, has recently opened its doors to trade mark owners before it launches .pro to the "professional public" later in the year 08.05.03 Law-Now
........................

Euro IP Rights In January the European Commission proposed a
new Directive to ensure the enforcement of intellectual property rights (IPRs) in Member States 01.05.03 Law-Now
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'Identical' Trade Marks The European Court of Justice rules on what constitutes an 'identical' trademark 03.05.03 Law-Now
........................

Silly Online Pricing First it was amazon.co.uk, and now Thai Airways has made a silly online pricing blunder, by advertising it's tickets at the price of the flight tax 07.05.03 Eversheds, e-commerce Links
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No Spammers Left In Viriginia
Any spammer convicted in Virginia may now be sentenced up to five years in America's toughest anti-spam laws 01.05.03 Masons, Spam Links
........................

Personal
Family + Injury + Property

Distress on Holiday Passengers who have suffered psychological distress as a result of troubled flights are able to sue their Tour Operator 13.05.03 Keeble Hawson

Sponsored Links





Risk Assessments The Court of Appeal has once again emphasised the importance of employers carrying out risk assessments 13.05.03 Keeble Hawson
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SARS The impact of severe acute respiratory syndrome in the UK 14.05.03 Law-Now
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Stamp Duty As a result of this years Budget, commercial property transactions will be effected by the following changes, in relation to the payment of stamp duty 09.05.03 Keeble Hawson

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