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June 2003

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Cases & Issues

Asbestos Insurers have failed in attempt to pay only proportion of liability equal to their exposure for period covered by Fairchild ruling 10.06.03 Law-Now, Asbestos Links
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Harrods v DJ Dept store will be allowed to sue Dow Jones in england for defamation in article published in the US, despite 'limited and techical' distribution in the UK 04.06.03 Simkins, Judgement

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Business

OFT Investigates IT We have previously reported on e80 on the Office of Fair Trading investigating the online activities of business. But the OFT are not only
looking at websites - they are also particularly interested in the offline
activities of the IT industry and the way in which it presents itself to
consumers 18.06.03 Eversheds, e-commerce Links
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Compulsory Purchase Where a local authority (or other acquiring body) take possession of land pursuant to a compulsory purchase order a statutory right to compensation arises 27.06.03 Keeble Hawson, Environment Links
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e-dividends From the beginning of next year companies and other
bodies paying dividends or interest will be able to do
so electronically 26.06.03 Law-Now, e-commerce Links
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Pension Reform Govt has passed its draft regulations on pension funds, two immediate changes - Solvent employers which wind up will be required to fund a full “buy-out” cost, the priority order on winding up will be amended to ensure that assets are shared more fairly 13.06.03 Law-Now, Pension Law Links
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Enterprise Act It is expected that the provisions of Part 10 of the Enterprise Act 2002 will shortly come into force. These provisions will introduce some significant changes to corporate insolvency 11.06.03 Keeble Hawson
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Privacy UK business is looking overseas for sites for call centres, particularly to India, but in any case to places with little or no privacy law 10.06.03 Eversheds, Privacy Law Links, Data Protection Law Links
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Arsenal TM Appeal Ct decides in Arsenal trademark case that non trade mark use could amount to infringement where it undermined the essential function of a registered trade mark which is to identify the origin of the goods 04.06.03 Simkins, Arsenal TM Links
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VAT on Property Customs & Excise has finally made a public statement setting out its views on the VAT treatment of inducement payments made by a landlord to a tenant in the light of the European Court of Justice's decision in The Mirror Group case 04.06.03 Law-Now, UK Tax Links

Employment

Data Code Information Commissioner has issued guidance on monitoring employees at work 30.06.03 Keeble Hawson, Data Protection Links, Employment Law Links
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£180k Harrassment 21 yr old woman awarded £180k for one week's work, sexual harrassment left her with post traumatic disorder 28.06.03 Guardian, Cloisters Press Release, Sex Discrimination Links
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Injury to Feelings EAT rules that non-financial losses can be recovered in discrimination but not in unfair dismissal 11.06.03 Keeble Hawson, Employment Law Links
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EAT Decisions Late appeal not allowed, obscene language in context; dismissal unfair when employer fails to undertake similar consultation with entire redundancy pool 10.06.03 Daniel Barnett, Employment Law Links
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Dependents Appeal Ct has considered case of woman dismissed for taking off too much time to look after sick child, if it was 'reasonable and necessary' and main reason for dismissal, this is unfair 03.06.03 Keeble Hawson, Employment Law Links

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RIAA To Sue En Mass The Recording Industry Association of America has decided to sue a large number of people who share extensive amounts of copyrighted material on file sharing programs 26.06.03 Masons, Piracy Links
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'Monitoring at Work' Information Commissioner Richard Thomas today published the third part of the Employment Practices Data Protection Code, "Monitoring at Work” 11.06.03 Masons, Eversheds, Privacy Links, Data Protection Links
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Nanotechnology The Government yesterday launched a study into the benefits and risks of nanotechnology. Benefits include hopes of combating disease; but Prince Charles and fellow critics reckon that nanotechnology could turn the world into “grey goo” 12.06.03 Masons
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Verizon Compliance A federal appeal court yesterday decided that Verizon must reveal the identities of four customers of its ISP service whom the music industry accuse of internet piracy for using free file-sharing, or P2P services 05.06.03 Masons
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Colour TM Companies will be able to register single colours as Community trade marks following a significant decision by the ECJ 25.06.03 Law-Now, Trade Mark Links
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Spam Belgian law regulates use of email to send publicity, prohibited without the prior, free, specific and informed consent from the recipient of the messages (i.e. opt in rather than opt out) 23.06.03 Eversheds, Data Protection Links, Spam Law Links

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