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September - December 2002

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Cases & Issues

Broker Liable For Not Making Blanket Notification on behalf of the claimants Alexander Forbes Europe Ltd Vs. SBJ Ltd 20.12.02 Law-Now
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Colt Telecom Decision The High Court has dismissed a petition for administration against Colt Telecom which was brought by Highberry 20.12.02 Law-Now
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Jurisdiction Shopping Dow Jones Vs. Gutnick. The Australian High Court has ruled that a claimant can bring a libel action
in his native Australia against an American based news agency for an article it published on the internet 20.12.02 Simkins
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Incidental Inclusion Club badges on players' shirts as reproduced in football stickers were an integral part of the photographs and the defence of incidental inclusion did not apply 19.12.02 Simkins
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UK Rules May Break EC Law The ECJ has handed down its decision in Lankhorst-Hohorst GmbH v Finanzamt Steinfurt, which was concerned with whether Germany's thin capitalisation rules were in contravention of Article 43 EC Treaty 17.12.02 Law-Now
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Fishing in discovery?The recent case of Highberry v Colt Telecom reaffirmed the principle that an application for an administration order is not a "trial", and should usually be capable of being decided on the basis of written evidence 16.12.02 Law-Now
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Anti-counterfeiting The Court of Appeal has clarified the nature of the defence of reasonable belief of non-infringement under section 92(5) of the Trade Marks Act 1994 in the case of S -v- London
Borough of Havering 13.12.02 Law-Now
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Managing Asbestos Asbestos at Work Regulations 2002 impose a duty to take active steps to identify, record and manage any asbestos 07.12.02 Law-Now, Asbestos Links
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Organophosphates Multi-party action just seven remaining claimants was struck out by the Court of Appeal. The decision has implications for group actions, shows the court taking a robust stance on an abuse of process 07.12.02 Law-Now
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Tribunal Awards Annual increases for Tribunal awards have now been announced. These take effect from 1st February 2003. The key changes 06.12.02 Law-Now
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EU CFAs US-style no-win no-fee contingency fees may be let into Europe. Agreement has been reached on improving access to justice in cross border disputes by establishing minimum common rules legal aid 22.11.02 Law-Now

Disability Access A blind man is suing Southwest Airlines under the Americans with Disabilities Act (ADA), tests the internet as a 'public accomodation' 28.10.02 Eversheds
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Spoofing It sounds fun, and it is, even if you do end up a long time in jail - waiter stole $80m pretending to be Hollywood bigshots 23.10.02 Eversheds
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Assessment of Damages in professional negligence actions, and also raised issues of double recovery, mitigation, and the applicability of Part 36 offers to appeal judgments 18.10.02 Law-Now
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Law of Privacy A sordid case of a celebrity lying about drug abuse, but a judgement which clarifies law of privacy 18.10.02 Simkins Partnership, Masons
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Duty of Confidence Naomi Campbell sued her assistant for spilling gossip of her affairs, but was her case sufficient for summary judgement? 18.10.02 Simkins Partnership
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Conditional Fees Court of Appeal, in Halloran v Delaney, reduced success fee to 5%, which seems to go against Callery v Grey 25.09.02 Law-Now
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Business

Insolvency On 01.01.03 the remaining provisions of the Insolvency Act 2000 come in to force. They make various amendments to the procedure involved with Voluntary Arrangements 19.12.02 Keeble Hawson
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Tax Break For Russians Prior to 2002, no VAT was charged against printed material such as newspapers, magazines and books in Russia. Since the introduction of VAT to the mass media market, albeit at a preferential rate of 10 per cent, it has been estimated that consumer prices have risen by approximately 25 per cent 18.12.02 Law-Now
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FSA CP 160 Last week, the FSA published Consultation Paper 160 to explain the approach it intends to adopt to regulating the sales and administration of general
insurance and non-investment life insurance contracts 18.12.02
Law-Now
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Pension Green Paper The Government has this afternoon published their long awaited Green Paper and proposals on tax simplification following the Pickering Review in the summer18.12.02 Law-Now, Pension Links
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Food Labelling Forum hosted by the food standards agency on 6 December 2002 14.12.02 Law-Now
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Waste Opportunities The Budget and the PMSU have given important indications of future initiatives to tackle the UK's increasing waste problem 12.12.02 Law-Now
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Merger Control Reform On 11 December 2002, the European Commission adopted a package proposing some of the most extensive reforms to EU merger control 12.12.02 Law-Now
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Liability Insurance Continuing its scrutiny of the financial services market, the OFT has launched a fact-finding study into the UK liability insurance market 11.12.02 Law-Now
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Sarbanes-Oxley If a company has a listing in the US, makes registered securities offerings in the US, the chances are that the US Sarbanes-Oxley Act of 2002 will impact on its operations 11.12.02 Law-Now, Corporate Governance Links
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Debt Security CMS has just published a Guide to Taking and Enforcing Security over Moveable Property in Europe 07.12.02 Law-Now
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Pre-Budget Speech Another ragbag collection of announcements, anti-avoidance measures and further consultation 27.11.02 elexica
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Competition Network EU has adopted a Regulation which establishes a new regime for enforcement of competition rules contained the EC Treaty 27.11.02 Law-Now
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Anti-counterfeiting Law A new UK law has changed the penalties for copyright and trade mark theft and will help enforcement agencies to pursue the infringers 26.11.02 Law-Now
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Shareholder activism Institutional shareholders have recently announced that they will become more active in scrutinising the behaviour of companies in which they invest 26.11.02 Law-Now, Corporate Governance
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Consumer Credit DTI is currently carrying out a wholesale review of the Consumer Credit Act. It has published its response to the consultation paper on the
review of financial limits and the exemptions 25.11.02 Law Now
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Pensions update A number of articles updating you on the latest developments
in pensions law have been added to the archive 21.11.02 Law-Now,
Pensions Links

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Food Supplements Draft regulations are out for consultation, expert group has reported on nutritional and toxilogical information 15.11.02 Law-Now
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Insurance Rules OFT has decided General Insurance Council rules are not anti-competitive, following removal of Rule 42 13.11.02 Wired-Gov
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Parallel Drug Trade EU to ban diversion of essential medicines from poor countries to Europe 13.11.02 Law-Now
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Discrimination Law Is your website compliant with the Disability Discrimination Act 1995? Few businesses understand that it covers electronic environments, too 07.11.02 Law -Now, Disability Links
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ADR Can Be Binding provided the clause is sufficiently certain, there is a positive obligation
to attempt ADR 06.11.02
Law-Now
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Regulation of Insurance Last week the FSA published a further installment of plans to reform insurance regulation 08.10.02 Law-Now
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Concept of Notice Ansett administrators faced daunting task, with ticket-holders and frequent-flyers adding up to millions of creditors, the internet had to be part of the solution 02.10.02 Eversheds
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Insurance Negligence Court shows impatience at claim against a broker in case where litigation between parties has disposed of issues 02.10.02 Law-Now
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Nominated Trustees New regulations have been issued on member nominated trustees 18.09.02 Law-Now
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Employment

Young Workers The Government has announced that new Regulations will come into force on 6th April 2003 in order to bring the remaining provisions of the Young Workers Directive into UK law 20.12.02 Keeble Hawson
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Flexible working Following the introduction of an employee's right to apply (from 6 April 2003) for flexible working, the Government has published a revised version of the draft Regulations 11.12.02 Keeble Hawson, Flexible Working Links
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Disability at Work Disability Discrimination Act provides that a "progressive illness", is to be treated as a disability if the condition has an effect on day to day activities. 05.12.02 Keeble Hawson, Disability Links
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Office Parties Employers are liable for what happens at events 'under their control' - so think twice about the strip-o-gram 05.12.02 Keeble Hawson
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Spam and Cookies A new EU Directive will make opt-in compulsory for marketing e-mails and regulate the use of website cookies 05.12.02 Eversheds
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Tax Effectiveness Deduction for costs of employee share schemes Law-Now Confirmation of remuneration trusts 05.12.02 Law-Now
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Using CCTV The use of CCTV to monitor the actions of employees has potential implications in respect of the Data Protection Act 1998 (DPA) and the Human Rights Act. 02.12.02 Keeble Hawson
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Working Time Regulations In a consultation paper dated 31 October 2002, the Government is proposing to amend the current Working Time Regulations to cover those sectors of the workforce currently excluded 30.11.02 Law-Now
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Flexible Working The Government has published the first draft of the Flexible Working Regulations. They give employees with children under 6 the right to request flexible working. Employers will have a statutory duty to consider their applications seriously 28.11.02 Keeble Hawson, Flexible Working Links
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Employment Act The Employment Act 2002 introduces new statutory procedures for dismissal, discipline and grievance 21.11.02 Keeble Hawson
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Smoking at Work Can a ban on smoking lead to a constructive dismissal case? Sometimes. Employers should give notice and make changes gradually 20.11.02 Keeble Hawson
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Equal Treatment Draft regulations which deal with some of the issues raised by the Equal Treatment Directive have now been published for consultation 25.10.02 Law-Now
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Employment Legislation DTI has issued consultation doc on harmonising implementation dates for employment legislation 16.10.02 Daniel Barnett
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New EAT Decisions Teacher dismissed for keeping order in exam (read it); ensuring awards are 'just and equitable' 10.10.02 Daniel Barnett
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Passing Information A court has favoured JobServe, an internet job vacancy database, in a case where a subscriber was passing on CVs to another database 08.10.02 Eversheds
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Employment Summary of changes in employment law that came into force at beginning of this month 08.10.02 Law-Now
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Agency Workers are no one's employees, since they have no contract with the client but are not under control of the agency - so what is their status? 25.09.02 John Antell
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New EAT Decisions Cases been placed on the EAT website in the last 24 hours. They are not yet officially reported, but may be appear in the law reports in due course. 19.09.02 Daniel Barnett
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Skilled Workers All IT related positions have been taken off the shortage occupations list 17.09.02 Eversheds
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Whistle While You Work Public Interest Disclosure, who is protected, when and how 17.09.02 Law-Now, Public Interest Disclosure Act 1998

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

Dot Kids On 4th December 2002, President Bush signed a bill for the "Dot Kids Implementation and Efficiency Act" which will create a .kids second level domain name 12.12.02 Eversheds
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EU Data Protection Data protection issues continue to maintain a significant profile on the EU regulatory landscape 05.12.02 Eversheds
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Revoking Patents
The Patents Court last month confirmed that any person may apply to revoke a patent, including an agent, acting for an undisclosed principal 09.12.02 Law-Now
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Arsenal Football Club The ECJ decision reinforces the concept of trademark, which the High Ct had thrown into doubt 21.11.02 Law-Now, Arsenal Case Links
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Legal Tat The European Court in Reed v Arsenal brings the esoteric subject of European trade mark law blinking into the public spotlight 18.11.02 Simkins Partnership, Arsenal Case Links
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Patent Bias Appeal Ct rules that questions from judges do not create bias 05.11.02 Law-Now
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Internet Prangs Times are not easy in the tech business - but the harder the times, the greater the need for due diligence. Could your ISP close you down? 29.10.02 Eversheds
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Patents County Court
Yes, it's an infringement, and that will be £250,000 please. Warheit case leading to detailed costs assessment intended to provide 12.10.02 Law-Now
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Domain Names New top-level internet domains - .biz, .museum, .info - has revived ancient sport of cybersquatting, WIPO figures show 11.10.02 Eversheds
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Data Protection Different interpretations of the Data Protection directive are leading to different laws within the EU 11.10.02 Masons, Related Links
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Test Data: Don't Using real personal data to test a system is illegal, it can only be used for the purpose for which it was collected 04.10.02 Eversheds
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Patent Court The EU Commission has given its backing to a centralised European patent court, one of the 'missing links' in patent policy 24.09.02 LMG
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CD Market The OFT has not completely finished with its interest in parallel CD imports, it still wants to see agreements that appear to block cheaper imports, meanwhile the Enterprise Bill will make investigations easier 23.09.02 Simkins Partnership
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Data Protection EU data commissioners express doubt on UK data retention plans LMG, Statement Proposals for EU data protection 23.09.02 LMG, Note
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IT Suppliers Beware
Pitfalls in trying to incorporate their standard terms and conditions of business into other contractual documentation by reference 18.09.02 Eversheds
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Data Privacy EU commission expresses doubts over plans - supported by UK - for data retention 17.09.02 Masons, Commission Press Release
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Data Protection Member states propose changes to EU Data Protection Directive 16.09.02 Masons, Submission (Justitie)

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Modernising Stamp Duty The Government is increasingly concerned over Stamp Duty avoidance 10.12.02 Keeble Hawson 12.12.02 Law-Now
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Parental Leave Summary of govt response to submissions on consultation on simplifying rules on parental leave 07.11.02 elexica
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Partial Possession is familiar to users of the JCT forms, but it has rarely been considered by the court 08.10.02 Law-Now
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Things You Forgot ... New landlords should still be able to obtain a redevelopment break clause in a renewal lease. 20.09.02 Law-Now
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Packaging Waste Environment Agency has published a statement
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