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Broker Liable
For Not Making Blanket Notification on behalf of the claimants Alexander
Forbes Europe Ltd Vs. SBJ Ltd 20.12.02 Law-Now
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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
........................
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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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
........................
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
........................
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
........................
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
........................
Food Labelling Forum hosted by
the food standards agency on 6 December 2002 14.12.02 Law-Now
........................
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
........................
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
........................
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
........................
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
........................
Debt Security CMS
has just published a Guide to Taking and Enforcing Security over Moveable
Property in Europe 07.12.02 Law-Now
........................
Pre-Budget Speech
Another ragbag collection of announcements, anti-avoidance measures and
further consultation 27.11.02 elexica
........................
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
........................
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
........................
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
........................
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
........................
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
........................
Food Supplements Draft
regulations are out for consultation, expert group has reported on nutritional
and toxilogical information 15.11.02
Law-Now
........................
Insurance Rules OFT
has decided General Insurance Council rules are not anti-competitive,
following removal of Rule 42 13.11.02
Wired-Gov
........................
Parallel Drug Trade EU
to ban diversion of essential medicines from poor countries to Europe
13.11.02 Law-Now
........................
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
........................
ADR Can Be Binding provided
the clause is sufficiently certain, there is a positive obligation
to attempt ADR 06.11.02 Law-Now
........................
Regulation of Insurance Last
week the FSA published a further installment of plans to reform insurance
regulation 08.10.02
Law-Now
........................
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
........................
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
........................
Nominated Trustees New
regulations have been issued on member nominated trustees 18.09.02
Law-Now
........................
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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
........................
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
........................
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
........................
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
........................
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
........................
Tax Effectiveness Deduction
for costs of employee share schemes Law-Now
Confirmation of remuneration trusts 05.12.02 Law-Now
........................
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
........................
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
........................
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
........................
Employment Act The
Employment Act 2002 introduces new statutory procedures for dismissal,
discipline and grievance 21.11.02 Keeble
Hawson
........................
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
........................
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
........................
Employment Legislation
DTI has issued consultation doc on harmonising implementation dates for
employment legislation 16.10.02 Daniel
Barnett
........................
New EAT Decisions Teacher
dismissed for keeping order in exam (read it); ensuring awards are 'just
and equitable' 10.10.02 Daniel
Barnett
........................
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
........................
Employment Summary
of changes in employment law that came into force at beginning of this
month 08.10.02 Law-Now
........................
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
........................
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
........................
Skilled Workers All
IT related positions have been taken off the shortage occupations list
17.09.02 Eversheds
........................
Whistle While You Work Public
Interest Disclosure, who is protected, when and how 17.09.02 Law-Now,
Public
Interest Disclosure Act 1998
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& Bird
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Cameron McKenna
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Barnett
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Simkins
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Directory of Firms
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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
........................
EU Data Protection Data protection
issues continue to maintain a significant profile on the EU regulatory
landscape 05.12.02 Eversheds
........................
Revoking PatentsThe 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
........................
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
........................
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
........................
Patent Bias Appeal
Ct rules that questions from judges do not create bias 05.11.02
Law-Now
........................
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
........................
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
........................
Domain Names New
top-level internet domains - .biz, .museum, .info - has revived ancient
sport of cybersquatting, WIPO figures show 11.10.02 Eversheds
........................
Data Protection Different
interpretations of the Data Protection directive are leading to different
laws within the EU 11.10.02 Masons,
Related Links
........................
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
........................
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
........................
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
........................
Data Protection EU
data commissioners express doubt on UK data retention plans LMG,
Statement
Proposals for EU data protection 23.09.02 LMG,
Note
........................
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
........................
Data Privacy EU
commission expresses doubts over plans - supported by UK - for data retention
17.09.02 Masons,
Commission
Press Release
........................
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
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........................
Parental Leave Summary
of govt response to submissions on consultation on simplifying rules on
parental leave 07.11.02 elexica
........................
Partial Possession is
familiar to users of the JCT forms, but it has rarely been considered
by the court 08.10.02 Law-Now
........................
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
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