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July 2003

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Cases & Issues

Report Disclosure The Court of Appeal has ruled that documents mentioned in an expert's
"condition and prognosis" report (served by the claimant at the start of proceedings) are not routinely required to be disclosed 31.07.03 Cloisters
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Nazi Persecution The relatives of two Estonians whose business and assets were confiscated on the basis of being enemy aliens. However they challenged their refusal of compensation on the basis that they where persecuted by the Nazis 31.07.03 Cloisters
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Privacy for Lady Archer Lady Archer has won a privacy case in the high court to prevent her ex-PA from releasing her diaries to the press 24.07.03 Simkins
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The London Plan The Strategic Plan for London was assessed by an independent panel who delivered their report last week 29.07.03 Law- Now
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Adverse Possession The legal requirements of adverse possession revisited by the Appeal Court. The Court pointed out that where an owner has made no use of a building for a long period of time, he should watch the building in order to ensure no one was claiming rights by way of adverse possession 07.07.03 Keeble Hawson, Property Links, Landlord and Tenant Links

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Distance Marketing HM Treasury has just issued a Consultation Paper which sets out how the Government is minded to implement the Distance Marketing of Consumer Financial Services Directive 29.07.03 Law- Now, e-commerce Links
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Accessibility Most websites fail to make themselves more accessible for the visually impaired, the RNIB has noticed 24.07.03 Eversheds, Disability Discrimination Links
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Chemicals Regulations The European Commission is proposing a comprehensive overhaul of the laws regulating the production and use of chemicals 24.07.03 Law- Now
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Protecting Heritage 'Protecting our historic environment: Making the system work better' - A Consultation Paper from the Department for Culture, Media and Sport, July 2003 24.07.03 Law- Now
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Communications Act The Communications Act received Royal Assent on 17 July 2003,
almost two and a half years after the original Communications White Paper was published by the Department of Trade and
Industry 22.07.03 Law- Now
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Corruption Bill The Home Office has published a draft Corruption Bill 2003 and invited comments from interested parties. The conclusions of a Parliamentary Joint Committee established to canvass opinion on the Bill are expected next month 10.07.03 Law- Now, Corruption Bill Links
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Media Mergers The news that BMG and Time Warner are at an advanced stage of discussions on merging their music interests could mean that the EC Commission will have to revisit the issue of whether less than five music majors is a tolerable state of affairs 09.07.03 Simkins Partnership, Media Law Links
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FSA Insurance Regs On 30 June 2003 FSA published CP187 containing draft conduct of business rules on sales and administration of general insurance. The consultation paper follows on from FSA's proposals in CP160 02.07.03 Law-Now Insurance Law Links
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Employment

Mobile Phones Employers may not cause or permit an employee to use their mobile phones in their cars 24.07.03 Keeble Hawson
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Dress Codes Some guidelines on dress code issues, whether it is necessary to have a dress code, and what that might constitute a good dress code 30.07.03 Keeble Hawson, Dress Code Links
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Dispute Resolution The DTI has published the first draft of Regulations on the forthcoming mandatory disciplinary and grievance procedures introduced by the Employment Act 2002. They are due to come into force on 1st October 2004 09.07.03 Daniel Barnett
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New EAT Decisions Grattan plc v Hussain. An important decision on conduct dismissals. Stansbury v Datapulse. An unusually interesting case to read, in which it seems that a wing member had been drunk during part of the tribunal hearing, had fallen asleep and had made disparaging remarks about the chairman to the parties when passing them in the corridor 08.07.03 Daniel Barnett
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Consulting on Consultation The government has issued its consultation document on the draft Regulations implementing the EU Information and Consultation Directive. If 10% of employees request it, the company must set up a workforce committee enabling full information and consultation with the workforce 08.07.03 Daniel Barnett
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Age Discrimination DTI consultation document, Equality and Diversity: Age Matters on the implementation of the European Employment Directive (2000/78/EC), provisions outlawing age discrimination 07.07.03 Law-Now, Daniel Barnett, Age Discrimination Links
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Time Off The EAT, in Riley-Williams v Argos Ltd, gives guidance for tribunals when deciding whether or not a dismissal is automatically unfair for not permitting an employee to take reasonable time off to sit as a magistrate 03.07.03 Daniel Barnet
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Digital Media DRM (digital rights management) technology is of growing importance asfurther exploration of the internet's capacity for content distribution and commerce throws up ever more challenges 31.07.03 Simkins
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.kids.us The new domain name is now available for registration with trade mark holders in the United States and other companies and individuals resident there 31.07.03 Eversheds
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.eu Domain Name The European Commission announced in May that it has decided to designate
EURID - the European Registry for Internet Domains - as the registry for the .eu top level domain name 22.07.03 Eversheds
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Nutritional Information The European Commission has published a proposed Regulation on nutrition and health claims made on foods, including food supplements 24.07.03 Law- Now
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True Domain Names America is pushing ahead with proposed legislation to combat the use of misleading domain names which are intended to lure innocent visitors to obscene websites 08.07.03 Eversheds
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VAT on E-Comm From 1 July 2003 the VAT on E-Commerce Directive (2002/38/EC) will take effect. This requires non-EU businesses supplying B2C on-line services in the EU to register and account for VAT in an EU state 03.07.03 Eversheds, UK Tax Links, EU Tax Links, e-commerce Links
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Law Reports

 

 

Personal
Family + Injury + Property

Defamation & Privacy Privacy rights again take precedence over freedom of speech. Lady Archer was granted an injunction by the High Court to stop her ex-PA disclosing confidential details concerning her employment, and was also awarded £2,500 damages 24.07.03 Simkins, Defamation Links, Employment Law Links

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Acquisition of Freehold The tenant was the leaseholder of a detached house by way of a lease dated March 1947. The tenant wished to acquire the freehold of the property from his Landlord under the terms of the Leasehold Reform Act 1967 13.07.03 Keeble Hawson
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DVT The Court of Appeal held this week that deep vein thrombosis was incapable of being classified as an accident under Article 17 of the Warsaw Convention and airlines were therefore not liable to compensate any passengers sustaining DVT 10.07.03 Keeble Hawson Personal Injury Links
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Civil Partners The Govt announced this week that it will create a new legal status of civil 'registered partner'. Alook at the pension proposals 07.07.03 Law-Now, Pension Links, Gay Rights Links

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