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June - September 2002

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Consumer Credit New EU rules on cross-border consumer credit, hope to increase confidence 13.09.02 EU Business, EU Press Release
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Health & Safety
HSE guidance on reporting health and safety incidents in the workplace 04.09.02 Press Release
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Water, Water
New competition rules will benefit consumers, says commissioner 04.09.02 Press Release, Consultation Paper - Extending Opportunities for Competition in the Water Industry, Draft Water Resources (EIA) Regulations 2002, Ofwat
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Corporation Tax
Reform represents modernisation of structure that has accumulated over 300 years, globalisation of schedular scheme, ending different tax on revenue from different sources 20.08.02 Butterworths
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Stock Analysts FSA paper on possible regulation of invesmtent bank analysts 20.08.02 CMCK
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FSA Annual Meeting Priorities for next year include ensuring business leaders understand and follow rules, increasing public confidence 14.08.02 CMCK, Davies Speech

Company Law
White paper includes 200 prospective changes to law, publication of operating and financial review (OFR), criminal offence not to volunteer information to auditor 13.08.02 CMCK

Late Payment Amendments in force tomorrow, all businesses can claim interest, reasonable costs 06.08.02 Out-Law, DTI Guide

Financial Promotion On 17th May 2002 the FSA published the final form of its guidance on Financial Promotion under the Financial Services and Markets Act 2000 11.06.02 Law-Now, Financial Services

Takeover Code
Changes to Notes 9.1 and SARs, emmployee trustees acting as concert party with board, shareholders seeking ongoing control of board CMCK

Regulator Precedent Appeal Ct rules rail regulator has primacy over administrator. Precedent in defining role of industry regulators Financial Times Comment elexica

E-Signatures Using the law to build confidence in e-commerce Bird & Bird Harmonising computer-related patents Bird & Bird

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Part-Time EAT Judges Appeal Ct rules part-time EAT judges can plead before lay judges they have sat with 05.09.02 Daniel Barnett
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EAT Judges
New appointments as judges on Employment Appeal Tribunals 04.09.02 Press Release
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Upper Age Limit
Employment Tribunal holds that the upper qualifying age has different effects on men and women and cannot be justified, no longer applicable in unfair dismissal and redundancy cases 23.08.02 Daniel Barnett, Financial Times
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What Is Disability? In Balfour Beatie case, Appeal Ct laid down that impairment brought on by psychological make up is not disability in terms of DDA 22.08.02 Simmons
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Fixed-Term Regs Summary of regulations on fixed-term employees coming into force 1 October 2002, treatment must not be unfavourable 22.08.02 Simmons
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EU Employment
Termination rules differ among member states, sacking in one country may require reinstatement in another 20.08.02 CMCK
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Worker Email is a legal minefield, as quick, easy and ubiquitous as speech, instantly broadcastable, with the potential liability of written documents, but employers can only monitor where there are grounds for suspicion 14.08.02 elexica

Fixed-Term Workers regulations in force on October 1, key issue is pension rights 13.08.02 CMCK, Regulations, Guidance

Real Estate Toolkit To help you keep on top of legal developments and significant
issues in the real estate industry we are pleased to launch
our 'Real estate toolkit' Law Now, Commercial Property Links, Property Links, Disability Act Links

E-commerce
EU approves new rules for privacy in electronic communications 08.02 Bird & Bird

Aggravated Damages EAT awards damages for the way litigant 'conducted their defence', warns that this was exceptional, 'saddens us that this exceptional case concerned the behaviour of a firm of solicitors' Daniel Barnett

Employment Rights Govt wants to extend rights (though not in relation to discrimination) and to take better account of high employment levels in flexible market Simmons, DTI Discussion Paper, Latest elexica employment news

Equality Bill being drafted, will be introduced as private member bill in Lords Daniel Barnett

Disability Discrimination Claims of victimisation after employee has left company, implications for sex and race discrimination Bird & Bird

Employment
Cantor case shows differences in negotiating changes of contract with employees CMCK

Holiday Pay
An implicit understanding to roll-up holiday pay in normal pay has no legal standing, status of explicit agreement also uncertain Cloisters Simmons update on recent employment law elexica

Employment Act
implementation dates CMCK

Director Addresses
and other legal news from Simmons elexica

Fulfilling Work Recent DTI publications - Hewitt's vision thing Full and Fulfilling Employment and her speech, And still more Discussion doc on Employment Status in Relation to Statutory Employment Rights, reference to Employment Relations Act 1999

Employment Reform flagged in Times leak, scrapping 1 year qualifying time, compensation cap, right to claim, union recognition Daniel Barnet, Agency workers are non-persons in UK law Daniel Barnet Recent articles

Audit & Accountancy FRED 30 switches preference shares from asset to liability ASB IASB This and other issues Oury Clarke

Consumer Sales
'Time of conformity' issues in the regs JCLI, Directive, DTI Consultation (2)

Money Laundering
Govt issues consultation on money laundering regulations, summary of new case law by Lovells LawZone

ET Prelims Employment Tribunals will need to be careful of giving preliminary indications following EAT decision of unfairness Cloisters

Employment Law
There are currently 19 bills before parliament affecting UK employment law, what's new at
emplaw

Oftel Direction Regulator has published draft direction on BT wholesale broadband prices 10.09.02 Press Release, Oftel, Draft Direction, First Direction (June)
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E-Comm Security New guidelines for e-commerce security published, overhauling original guidelines published by OECD 10 years ago 05.09.02 Masons, Guidelines
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Data Protection
DPA Code of Practice Part II, managing maintaining employee records 05.09.02 Eversheds, Daniel Barnett,
Code, Information Commission
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Festo Caution
Lawyers changing their mind on landmark US patent ruling, now think Festo will continue trend of narrowing protection of equivalents 02.09.02 LMG
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Fraud.usa OFT and FTC combine to stamp out false selling of .usa, .brit, .scot and other domain names requiring alternative networks and modified browsers 02.09.02 LMG
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Nikeflops.info Nike loses WIPO case on domain names - nikepark.net, nikegolf.info, nikeshops.com - for failing to show how they are used 02.09.02 LMG
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BT Hyperlink Patent BT lost its case trying to relate the Sargent patent - for text based information - to internet hyperlinks. Judge ruled internet has 'no central computer'. Shows difficulty assigning older patents to new technology, but shows need to consider third party patents in online trading 28.08.02 Eversheds, Reuters, Judgement
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Patent Office Consultation on implementation of Directive 2001/129/EC harmonising aspects of copyright 24.08.02 Law-Now, Consultation Paper, Directive, Draft Amendments to 1988 Act, Regulatory impact
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E-Comm Regs
Detail of what you need to know, what you need to do 22.08.02 Eversheds
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Ready4e-comm? Regulations in force today, consumers maintain domestic rights, despite country of origin principle, need to provide specified information 21.08.02 Eversheds, Masons
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Data Retention
EU plans to make data retention compulsory for ISPs and telcos, every email, every phone call ... 21.08.02 Masons
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CyberCourt State of Michigan sets up online court to settle e-commerce disputes 21.08.02 elawpractice, CyberCourt
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sex.com
Lawsuit over the fraudulent transfer of the net's favourite domain, registrar says its record is not authoritative 18.08.02 Eversheds
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Online Traders E-comm regulations will promote business on the internet, protect consumers 16.08.02 Simkins
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Ecommunications New directive expands scope of rules on processing data to all electronic devices, also covers cookies elexica ISPs obtained important changes from the original draft, particularly in country of origin and jurisdiction rules 14.08.02 Out-Law

Copyright Law UK Copyright Directorate has issued consultation on implementation of EU Copyright Directive 08.08.02 Out-Law

UK Listing Authority A revised version of the United Kingdom Listing
Authority (UKLA) Sourcebook, which contains the
Listing Rules and Guidance Manual, came into effect
on 15 April 2002 06.06.02 Law-Now Capital Markets Links

 



Cybersquatting EU calls for consultation on 'cybersquatting', speculative buying of domain names, .eu will soon be available Masons, Consultation, .eu regs

Deeplinking
Danish news sweeper forced to cut links to specific articles, judge cited EU 1996 Database Directive Masons Judgement (English)

Info Comm
Information Commissioner's first annual report, 33 convictions, four enforcement notices Masons

Stamp Duty Response to the Revenue's consultation 13.04.02 CMCK

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Zoiks! Scoobydoo! Hanna Barbera has won right to scoobydoo.co.uk on appeal, fan's registration ruled abusive 12.09.02 Law-Now, E-Commerce, Trademarks
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Creditor Rights Appeal Ct rules creditor not party to CVA must still be paid in full 30.08.02 Law-Now
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Duty of Confidence
Courts are developing rules of confidentiality in workplace, but what about consultants, or what employees learn of individuals, or about you? 29.08.02 Law-Now
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Creditor Payment Appeal Ct rules creditor not party to CVA is still to be paid in full 29.08.02 Law-Now, ICLR Law Report,
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Cybersmearing A Texas court has found Visa not guilty of libel, despite hundreds of negative messages posted by an executive on Yahoo! discussion groups 28.08.02 Eversheds, Masons
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Online Libel Americans are using the anonymity of the internet for libel. One recent disturbing case involved an attack on a local education authority 27.08.02 Eversheds
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Doubleclick has agreed to pay $450k to settle investigation of its internet tracking system, and to abide by new privacy rules 27.08.02 Masons, Agreement
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Choice of Law
Case of Beckham's internet security chimes with Trummell case in US, choice of jurisdiction 16.08.02 Eversheds
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Defendent's Assets Payment into a solicitor account discharges freezing order in Flightline v Edwards 16.08.02 CMCK

Hamilton -v- Al Fayed A recent Court of Appeal judgment held that the individuals who helped fund Neil Hamilton's unsuccessful libel action against Mohamed Al Fayed should not have to pay Mr Al Fayed's legal costs 06.06.02 Law-Now, CFA Links, Libel Links

HSE Liability High Ct refuses to strike out Thames Trains claim against HSE in Ladbroke Grove rail crash, establishes potential for HSE liability in personal injury, [2002] EWHC 1415 (QB) CMCK, Judgement

ECJ TUPE Beckmann v Dynamco Whicheloe Macfarlane Ltd. Mrs Beckmann was a member of the NHS pension scheme. Her contract was transferred to a private company in 1995 and
she was made redundant in 1997. Had she not transferred, she would have been entitled to certain benefits. Her new employer did not provide these benefits 07.06.02 Law-Now, TUPE Links

No Fault Med Neg is popular among the medical community, not too surprisingly, but how widely can it be applied? 12.09.02 Law-Now, Personal Injury Links
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Citizenship Expert group to advise Home Office on 'citizenship courses' required under new immigration act 09.09.02 Press Release, Nationality, Immigration and Asylum Bill, Notes, White Paper, 'Secure Borders, Safe Haven'
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Which Union
New TUC website gives information on union representation, helpful in establishing consultation agreements 30.08.02 Daniel Barnett
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Degrees Online Over 250 sites tracked down offering fake degrees from 'most UK universities' 21.08.02 Eversheds
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Immigration
UK's highly skilled migrant programme, other developments 13.08.02 CMCK

Judicial Co-operation European Regulation (743/2002) establishes general framework of activities to facilitate the implementation of judicial co-operation in civil matters 13.06.02 Law-Now, World Trade, Courts



Law Society intervention of a solicitor's practice must conform with Human Rights Act, in particular right to property, milder action should be preferred where there is no extreme risk to public, Holder v. The Law Society Cloisters

Karate Chop Bristol karate club must pay damages for black members who copied complaint of racism to local CRE Cloisters

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