Publications
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| December 20th 2004 - Shipping lines be aware | |
| From 14 January 2005 no person should carry on a regulated activity in the United Kingdom unless he is an authorised person or an exempt person. To do otherwise could result in a fine or imprisonment or both. | |
| See full article | |
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| December 10th 2004 - OFT announce that they are to look at the construction industry for anti-competitive activity | |
| The Office of Fair Trading’s draft Annual Plan for 2004/2005 confirms that amongst the 5 areas for investigation for anti-competitive activity is the construction industry. | |
| See full article | |
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| December 8th 2004 - NHS gain by extending the blame | |
| NHS charges are currently paid by compensators in road traffic accidents. New regulations come into force on 1 April 2005 under the Health & Social Care (Community Health & Standards) Act 2003 which extend the current NHS charges recovery scheme to all personal injury claims. | |
| See full article | |
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| December 2nd 2004 - Indemnification of Directors - Proposed Reform | |
| Directors of UK companies (particularly those with listings in the US) are facing a rapidly increasing exposure to third party claims, partly as a result of the proliferation of shareholder class actions in the US. | |
| See full article | |
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| November 23rd 2004 - When is a client not a client - Three Rivers limits ambit of privileged communciations | |
| The recent case of Three Rivers District Council & Others -v- Governor and Company of the Bank of England has raised significant concerns for corporate entities about who is regarded as the client when dealing with their legal advisers and, hence, what communications are covered by legal privilege. | |
| See full article | |
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| November 19th 2004 - Publican uses European Communuity competition law to recover in English court | |
| Last May, the English Court of Appeal gave judgement in a landmark European Union competition law case, Crehan v Inntrepreneur Pub Company (CPC), in which Bernard Crehan, a pub operator, became the first person in the UK to win damages for breach of Article 81 of the European Community Treaty. Davies Arnold Cooper examines the case and its implications. | |
| See full article | |
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| November 18th 2004 - DTI proposals for representative actions | |
| In July 2004 the Department of Trade and Industry ('DTI') published its consultation paper 'Extending Competitive Markets: Empowered Consumers, Successful Business', setting out proposals for a consumer strategy for the next 5 to 10 years. One of the paper's stated aims is to "bring the UK up to world-class standards for consumers". There is much talk in the paper of having a 'vision' and 'empowering consumers'. | |
| See full article | |
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| November 11th 2004 - EU shakes up vibration regulations | |
| The Control of Vibration at Work Regulations 2005 will introduce a radical revision of Health and Safety Law affecting noise and vibration levels in the work place. | |
| See full article | |
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| October 26th 2004 - Look bulletin October 2004 | |
| Want to keep up with construction law and practice? Never seem to find the time to read that long article or case report? We at Davies Arnold Cooper know how you feel, so we’ve produced "Look", a construction bulletin that you can read in less than 30 seconds! | |
| See full article | |
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| October 21st 2004 - RELEASE ME! | |
| Attempts by landlords to provide for a contractual release in advance from their lease covenants once they sell are doomed to fail... | |
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| October 6th 2004 - DAC represents Crest Nicholson in £1 billion South West England regeneration project | |
| International law firm Davies Arnold Cooper is acting for leading property developer Crest Nicholson Plc at Bath Western Riverside, a mixed use regeneration project in south west England which Crest are to develop in partnership with Grosvenor. | |
| See full article | |
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| August 9th 2004 - Causation the route to damages | |
| In April 2003, the UK High Court reached a landmark judgment in Arkin v Borchard Lines (No.4). This case represents one of the first damages claims brought in a UK court for breach of Arts 81 and 82 of the Treaty of Rome. Marjorie Holmes and Paula Lennon of Davies Arnold Cooper discuss the impact of the case (featured in European Competition Law Review, Volume 25, Issue 1 p475) | |
| See full article | |
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| July 30th 2004 - New Employment Tribunal Rules - Impact on employers | |
| On 1 October 2004 new rules governing the Practice and Procedure of Employment Tribunals come into force. Make sure you're familiar with them. | |
| See full article | |
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| July 23rd 2004 - i.e. - And all shall have prizes? | |
| Marjorie Holmes predicts that the UK will become the centre for European private actions. | |
| See full article | |
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| July 23rd 2004 - i.e. - Filthy lucre? | |
| Gerald O'Mahoney looks at the new, more stringent, money laundering regulations and hopes that they won't strangle business. | |
| See full article | |
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| July 23rd 2004 - i.e. - Off for a fortnight in the sun? | |
| If disaster strikes when you are abroad and you decide to sue your travel company, English law might well apply but, says Dr Julian Morris, don't be fooled into thinking that that means every aspect of English regulation. | |
| See full article | |
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| July 23rd 2004 - i.e. - Pain, blame and gain? | |
| The government believes that vocational rehabilitation is a good thing. It will get workers back on their feet and will prevent insurance premiums from rocketing. But, says Allison Dias, some claimants will never have the necessary motivation. | |
| See full article | |
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| July 23rd 2004 - i.e. - Power to the people? | |
| Company directors can be subject to unwelcome attention even when there is no public scandal say Kenneth McKenzie. | |
| See full article | |
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| July 23rd 2004 - i.e. - Reflections of things passed | |
| Previously Richard Highley has written about the Barings report. Here he looks and Lord Penrose's report into the collapse of Equitable Life. | |
| See full article | |
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| July 23rd 2004 - i.e. - Strangled by red tape? | |
| New asbestos regulations have come into force and they help no one, says David McIntosh. | |
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| July 23rd 2004 - i.e. - The challenger | |
| Legislation is needed to tackle dishonesty, curtail corporate greed and protect the vulnerable. But, says Danny Gowan, we need to keep things in proportion. | |
| See full article | |
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| July 21st 2004 - Look bulletin July 2004 | |
| Want to keep up with construction law and practice? Never seem to find the time to read that long article or case report? We know how you feel, so we've produced a construction bulletin that you can read in less than 30 seconds! | |
| See full article | |
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| June 29th 2004 - The Times Law Supplement - Food label restrictions are in danger of going too far | |
| Striking obesity from the menu is at the top of European legislators’ agendas, as food labels promising health and nutritional benefits are under scrutiny as never before. Last July the European Commission proposed a regulation, which could become effective next year, clamping down on unsubstantiated health and nutrition claims made in the labelling, presentation and advertising of foods. | |
| See full article | |
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| June 26th 2004 - Law lords ease the burden of access | |
| The House of Lords has brought relief to property owners who require vehicular access to their properties over common land. Overturning earlier case law, their Lordships concluded that it was possible to obtain an easement for vehicles over common land by proving long usage. Property owners who establish the necessary long usage can claim access as of right over common land without having to pay anything to the owner of the common. (First published in Estates Gazette) |
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| See full article | |
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| June 10th 2004 - Bin there but not done that | |
| What is trade waste and how must it be dealt with to satisfy insurers? First judical definition of trade waste outside environmental legislation provides wide definition to benefit of insurers and also reiterates importance of policy warranties. | |
| See full article | |
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| June 10th 2004 - A step back from shotgun mediation? | |
| On 11 May 2004 the Court of Appeal handed down its judgment in the cojoined appeals of Halsey v Milton NHS Trust and Steel v Joy. The decision considered whether succcessful litigants who refuse invitations to mediate should automatically face costs sanctions and raised debate about the courts' powers to compel unwilling parties to mediate. | |
| See full article | |
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| June 9th 2004 - Short, sharp shock courtesy of the FSA | |
| On 19 May 2004 the FSA handed out penalties amounting to £600,000 – and that took the regulated members’ co-operation towards the FSA investigations into account! | |
| See full article | |
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| June 7th 2004 - Green light for nuisance litigation | |
| Marjorie Holmes and Paula Lennon of Davies Arnold Cooper discuss the judgment of Colman J in Arkin v Borchard Lines (No.2) which leaves the impecunious claimant and his professional funder with the luxury of having no exposure to the defendants' costs (featured in European Competition Law Review, Volume 25, Issue 6 p320). | |
| See full article | |
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| May 28th 2004 - Kohlpharma GmbH v Bundesrepublik Deutschland | |
| European Court blurs the rules on parallel importation with those on generic marketing authorisations. | |
| See full article | |
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| April 14th 2004 - Competition authorities focus on insurance | |
| A degree of collaboration between insurance companies, often for the benefit of consumers, has traditionally been the norm. Risks for example are often shared with lead underwriters taking a higher percentage of the risk, and other insurers sharing the risks severally. However, too much collaboration between insurance companies can restrict competition and be caught by the prohibition in Article 81 of the EC Treaty. | |
| See full article | |
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| March 15th 2004 - Look bulletin March 2004 | |
| Want to keep up with construction law and practice? Never seem to find the time to read that long article or case report? We know how you feel, so we've produced a construction bulletin that you can read in less than 30 seconds! | |
| See full article | |
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| March 11th 2004 - A penalty for "bad tackles" | |
| The explosion in personal injury claims and litigation is starting to affect football - and it is not just professional players that are taking their assailants to court now writes Gareth Williams. | |
| See full article | |
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| January 31st 2004 - Medical Law International - Hazard Alerts and Product Liability: Can a normally functioning medical device be a defective product? | |
| This article considers whether a prosthetic medical device which has a risk of malfunction, but continues to work normally for its intended purpose, is a defective product within the meaning of the Consumer Protection Act 1987 and the Product Liability Directive 85/374/EEC. The article examines how an English Court may approach the question of whether a cause of action exists based on the risk that such a device may prematurely fail, in light of Mr Justice Burton's reasoning in the Hepatitus C case. | |
| See full article | |
